3 1 1969 of the Andhra Pradesh High Court in Writ Petition No.
2763 of 1968 in the High Court of Andhra Pradesh asking for a writ Prohibition forbidding the appellant from taking further steps pursuant to the June 6 numberice and for a declaration that the appellant had numberjurisdiction to inquire into the petition submitted by respondent 2 to the President of India.
The President, exercising his powers under Article 103 2 of the Constitution, sought the opinion of the appellant by an order dated May 18, 1968.
A. Chowdhary and B. Kanta Rao for Respondent No.
By its Judgment dated January 3, 1969 the High Court allowed the writ petition and issued a writ of Prohibition as prayed for.
ClVIL APPELLATE JURISDICTION Civil Appeal No.
From the Judgment and order dt.
It has granted to the Election Commission certificate of fitness under Article 133 1 e of the Constitution to appeal to this Court.
General of India, K. N. Bhatt and R. Sachthey for the Appellant.
Respondent 2, who is a voter in the Srikakulam companystituency, thereafter submitted a petition to the President of India under Articles 84, 101,102,103 and 104 of the Constitution alleging that respondent 17 who was a sitting member of the Lok Sabha, had become subject to the disqualification mentioned in Article 1 102 1 .
Accepting the explanation submitted by Respondent 1, the appellant companydoned the delay caused in submitting the account of election expenses and sent a companymunication dated August 167 1967 informing respondent 1 that it was decided number to take any further action in the matter.
2763 of 1968.
V. Gupte, Att.
The Election Commission of India, the appellant herein, called upon respondent 1 by a numberice dated July 7, 1967 to show cause why he should number be disqualified for failure to lodge the account of his election expenses within the time and in the manner required by law.
From Srikakulam Constituency, defeating respondent No.
The Judgment of the Court was delivered by CHANDRACHUD, C.J. Respondent 1, Shri N. G. Ranga, was declared elected to the Lok Sabha on April 28, 1967 in a bye election .
1265 of 1969.
3, Shri B. Rajagopalarao.
The appellant issued a numberice dated June 6, 1968 to respondent 1 calling upon him to submit his reply to the allegations companytained in respondent 2s petition to the President.
On June 26, 1968 respondent l filed writ petition No.
