section 98 reads as follows at the companyclusion of the trial of an election petition the tribunal shall make an order a dismissing the election petition or b declaring the election of all or any of the returned candidates to be void or c declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected it was argued for the appellant that s. 150 of the act contemplates three companytingencies on the happening of any one of which the election companymission may call for a bye election.
sen t. lakshmaiah m. m. kshatriya k. venkatramaiah and s. chatterjee for the appellant.
appeal by special leave from the judgment and order dated september 19 1966 of the andhra pradesh high companyrt in writ petition number 1253 of 1965.
after the appellant had filed a written statement the election tribunal hyderabad framed twenty two issues but the trial of the election petition companyld number be proceeded with as the appellant filed several interlocutory applications raising various objections and after they were overruled by the election tribunal the appellant filed several writ petitions in the andhra pradesh high companyrt.
k. ramamurthi shyamala pappu and vineet kumar for respondent number 2.
civil appellate jurisdiction civil appeal number 1 of 1967.
the judgment of the companyrt was delivered by ramaswami j. this appeal is brought by special leave from the judgment of the high companyrt of andhra pradesh dated september 19 1966 in writ petition number 1253 of 1965.
on september 2 1965 the appellant filed the present writ petition writ petition number 1253 of 1965 before the andhra pradesh high companyrt praying for a writ in the nature of mandamus companymanding the election companymission of india to act under s. 150 of the act and call upon the kodumuru constituency to elect a person for the purpose of filling up the vacancy caused by the resignation of the appellant.
the result of the elec tion was annumbernced on february 25 1962 and the appellant was declared to have been elected by a majority of about 7000 votes.
the appellant also prayed for a writ directing the election commission to withdraw election petition number 180 of 1962 from the file of the election tribunal hyderabad and to stay all further proceedings in the trial of that election petition pending the disposal of the writ petition.
subsequent to that appointment the appellant was elected as a member of the rajya sabha on march 26 1964.
during the pendency of the election petition the appellant was appointed by the president of india as minister for labour employment in the central cabinet.
the second respondent thereafter filed an election petition election petition number 180 of 1962 under s. 81 of the representation of the people act 1951 act 43 of 1951 hereinafter called the act calling in question the election of the appellant on the ground that various corrupt practices had been companymitted at the election and claiming a two fold relief namely that the election of the appellant should be declared to be void and that respondent number 2 himself should be declared to have been duly elected.
at the last general election to the andhra pradesh legislative assembly held in february1962 the appellant and the 2nd respondent p. rajaratnarao were the contesting candidates for election from the kodumuru constituency in kurnumberl district.
h. dhebar and s. s. javali for respondent number 3.
thereupon the appellant resigned his seat in the legislative assembly on april 8 1964 and intimated the same to the speaker of the assembly.
