JUDGMENT

UNTWALIA , J.

( 1 ) THESE are two appeals under Section 116a of the Representation of the People Act, 1951 - hereinafter referred to as the Act, arising out of an election dispute concerning the election held on the 5th and 8th of March, 1972 to the Andhra Pradesh Legislative Assembly from Purchur Constituency. Six persons had filed nominations for standing as candidates at the election. Four of them, who were impleaded as respondents 2 to 5 in the election petition, withdrew in time and did not contest the election. The only two persons left in the field for a straigth contest were the two appellants in the two appeals namely M. Narayana Rao. appellant in Civil Appeal No. 583 of 1974-hereinafter referred to as Rao or respondent No. 1 (for brevity, the respondent ) according to his position in the election petition and G. Venkata Reddy, appellant in Civil Appeal 686 of 1974-hereinafter to be called Reddy or the election petitioner. Rao was declared elected on the 11/03/1972 by a margin of a few hundred votes. Reddy challenged his election by filing an election petition under the Act on several grounds of corrupt practices said to have been committted by or on behalf of Rao as also on the ground that several malpractices and mistakes had taken place in the counting of the votes. Reddy in his election petition besides asking for the setting aside of the election of Rao, also claimed that he should be declared elected in his place. A learned single Judge of the Andhra Pradesh High Court in a very long, elaborate, exhaustive, which at times was exhausting, judgment has accepted the case of the election petitioner in regard to one type of currupt practice having been committed on behalf of the respondent and set aside his election. Rao has preferred the appeal from the said order. A recount of the votes polled was ordered by the learned Judge and even after re-examination of the validity or invalidity of certain votes, he found on recount, that Rao had still majority of votes in his favour although the margin was further reduced. In that view of the matter, Reddys prayer for being declared elected was refused by the High Court. Hence Reddys appeal. Both the appeals arising out of the same election petition have been heard together and are being disposed of by this common judgment.

( 2 ) WE would like to state at the outset that even in regard to the limited questions which fell for our determination in these appeals, the judgment of the High Court is so lengthy and cumbersome, at times suffering from unnecessary repetitions and discussions, that while, discussing the main issues in these appeals, we have not thought it necessary to meet and deal with all the reasonings of the High Court although in arriving at the decision we have taken them into consideration. If we do so, our judgment will also be unnecessarily very long. But we must record our appreciation for the tremendous labour put in the High Court by lawyers on either side and the very great pains which the learned Judge has taken in preparing a careful and exhaustive judgment both on facts and in law.

( 3 ) REDDY contested the election as a candidate of the Indian National Congress Party and Rao was an Independent candidate. Reddys election symbol was "cow and Calf while that of Rao was a "tractor". The polling in the Constituency was held on the 5th of March, 1972. Due to disturbances at the 8 polling booths at China Ganjam with which we shall be concerned in Raos appeal, polling had to be postponed to the 8th of March, 1972 on which date the polling was completed at China Canjam. At the counting of votes done on the 11th of March, 1972 the Sub-Collector, Ongole, who was the Returning Officer of the Constituency, found that Rao had polled 31,038 votes while the votes polled by Redddy were only 30,728 Approximately 1,398 votes were declared as invalid by the Returning Officer. It may just be stated here that the total number of electorates in Purchur Constituency