It is emphasised that it was number necessary for the election petitioner to join Shri Thammanna as a respondent because numberrelief was claimed against him that he was impleaded as respondent 5 only as a matter of form that he did number participate in the proceedings before the High Court number joined issue with Respondent 1.
Shri V. Krishna Reddy, Respondent 7 herein , being a voter for 198 Amarchinta Assembly Constituency in Mahabubnagar District filed an election petition in the High Court to get the election of the first respondent declared void on the ground that on the date of filing the numberination paper as well as on the date of the election, this respondent had subsisting companytracts with the Government of Andhra Pradesh and as such, he was under Section 9A of the Representation of the People Act, 1950 hereinafter referred to as the Act disqualified to be chosen to fill the seat.
1950 of 1979 From the Judgment and Order dated 24 4 1979 of the Andhra Pradesh High Court in Election Petition No.
He did number lead any evidence, number did he cross examine the witnesses produced by respondent 1 or the Election Petitioner.
The appellant obtained 822 votes only.
The election petition was companytested by respondent 1, K. Veera Reddy only.
He did number participate even in the arguments.
A preliminary objection has been raised by the learned companynsel for respondent 1.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant i.e. original Respondent 5 did number file any written statement.
P. Rao, T. Ramachandran, K. Ramkumar and Venkataramani for the Respondent.
Govindan Nair and A. Subba Rao for the Appellant.
The Judgment of the Court was delivered by KAILASAM, J. This appeal by Shri Thammanna is directed against a judgment, dated April 24, 1979 of the High Court of Andhra Pradesh, whereby the election petition filed by Shri V. Krishna Reddy, respondent 7 herein, against the returned candidate, Shri K. Veera Reddy Respondent 1 herein was dismissed.
The material facts are these In the elections held for the Andhra Pradesh Legislative Assembly in February, 1978 respondents 1 to 4, 6, 7 and the appellant filed their numberinations for Amarchinta Assembly Constituency.
He secured 34727 votes while his nearest rival, respondent 2, got 29,419 votes.
All the candidates who had filed their numberinations, were joined in the election petition as respondents.
Polling took place on February 25, 1978 and Shri K. Veera Reddy, respondent 1, was declared elected on February 27, 1978.
The appellant was impleaded as original respondent 5.
It is submitted that Shri Thammanna is number companypetent to maintain this appeal, because he does number fulfil the character of a person aggrieved by the judgment of the High Court.
