JUDGMENT

T.S. Thakur, J.-Leave granted.

2. The short question that falls for determination in this appeal by special leave is whether the High Court of Andhra Pradesh was right in holding that the election petition filed by respondent No.1 against the appellant who happens to be the successful candidate in the election to the 98Jangaon Assembly Constituency in the State of Andhra Pradesh, disclosed a cause of action and could not therefore be dismissed at the threshold. The factual matrix in which the election petition came to be filed by the respondent has been set out at length by the High Court, hence need not be recounted except to the extent the same is essential for the disposal of the appeal. The High Court has, while hold ing that the averments made in the election petition raised triable issues and disclosed a cause of action, observed:

“23. As seen from the statement showing voter turn out report in connection with General Elections, 2009 to 98-Jangaon Legislative Assembly Constituency on 16.04.2009, the total votes polled, as reported by the Returning Officer, is shown as 1,50,678 from 251 polling stations. Whereas the final result sheet in Form no.20, total valid vote