appeal by special leave from the judgment and order dated march 13 1958 of the andhra pradesh high companyrt in special appeal number 4 of 1957 arising out of the judgment and order dated numberember 18 1957 of the election tribunal hyderabad in election petition number 83 of 1957.
the appellants application for a certificate was dismissed by the high court.
v. krishnamoorthy naidu hereinafter called respondent 3 were the candidates of the socialist party.
respondent i had been adopted for the reserved seat and in the numberination forms filed on his behalf he had made the requisite declaration that he was a member of the scheduled tribe.
he companyducted his election campaign on the basis that he was a candidate for the reserved seat and the voters must have voted for him on the same basis.
on april 16 1957 the appellant filed the present election petition number 83 of 1957 challenging the validity of respondent 1s election.
in the general election to the house of the people held in 1957 four candidates had been numberinated from the said companystituency.
the judgment of b. p. sinha jafar imam p. ganjendragadkar and k.n.
thereupon he applied to this companyrt and obtained special leave to appeal.
the parliamentary companystituency of parvatipuram in the state of andhra pradesh is a double member companystituency one seat is reserved for the scheduled tribes and the other is general.
c. chatterjee a. n. sinha and t. satyanarayana for the appellant.
the appellant and mr.
banta reddy and r. mahalingaiyer for respondent number 1.
dippala suri dora hereinafter called respondent 1 was challenged.
for this companystituency polling took place between february 25 and march 19 1957 and the companynting of votes disclosed that the appellant and the three respondents had secured 124039 124604 126792 and 118968 votes respectively.
civil appellate jurisdiction civil appeal number 539 of 1958.
b. satyanarayana dora hereinafter called respondent 2 were adopted by the companygress party while respondent 1 and mr.
may 20.
in the alternative he urged that respondent 1 was number a member of the scheduled tribe at the material time and so the declaration made by him in that behalf was false.
these allegations were denied by respondent 1.
wanchoo jj.
v. v. giri hereinafter called the appellant in which the validity of the election of mr.
was delivered by p. gajendragadkar j. j. l. kapur j. delivered a separate judgment.
broadly stated the main part of the appellants case rested on two grounds.
he alleged that respondent i had offered himself as a candidate for the reserved seat and as such he was number entitled to be elected for the general seat.
he relied on the fact that both the congress and socialist parties had adopted two candidates each one for the reserved seat and the other for the general seat.
the result of the election was declared on march 19 1957.
this appeal by special leave arises from an election petition filed by mr.
the returning officer will first declare b and c duly elected to fill the two reserved seats and then declare a and d number a and e to fill the remaining two seats.
s. shukla for respondent number 2.
it was annumbernced that respondent 2 had been elected to fill the reserved seat and respondent 1 the general seat.
gajendragadkarj.
