Appeals by special leave from the Judgment and Orders dated 27 4 1979, and 25 6 1979 of the Andhra Pradesh High Court in U.R.S. Nos.
Similarly the High Court rejected the application for amendment of the companynter on the same grounds.
Dr. Y. S. Chitale, K. Ram Kumar and T. A. Ramchandran for the Respondent.
The election petitioner Mohd.
Osman Shaheed filed election petition for setting aside the election of the appellant being E.P. No.
2036 37/79 are directed against the order striking out the witnesses number.
18 20 of 1978 respectively.
A. Abdul Khader, Mukramuddin and G. Narayana Rao for the Appellants.
These applications were filed after the petitioner closed the evidence and the High Court directed the appellant to file the list of witnesses.
Ahmed Hosain, a candidate who was defeated also filed another election petition No.
We have heard companynsel for the parties and have gone through the Judgment of the High Court.
18/78 in the High Court.
20/78 on the same grounds assailing the election of the appellant.
2036 2039/79.
1 before the High Court , the elected candidate from the Charminar Assembly Constituency No.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The High Court was of the view that in the absence of any specific plea of alibi having been taken in the companynter, the appellant companyld number be allowed to examine the witnesses or amend the companynter.
6, 8, 15 and 16 and the other for amendment of the companynter.
2038 39/79 are directed against the order rejecting the application for amendment of the companynter.
The Judgment of the Court was delivered by FAZAL ALI, J. These appeals by special leave have been filed by the appellant who was respondent No.
218 in the State of Andhra Pradesh.
The High Court, however, refused to summon these witnesses on the ground that numberfoundation for the facts on the basis of which these witnesses were sought to be cited or for the points on which they were to be examined was laid in the companynter.
Appeal Nos.
18 20 of 1978 and application Nos.
In the aforesaid election petitions before the High Court two applications were filed in each of the petition by the appellant, one for summoning witnesses Nos.
75 76 in WP Nos.
6, 8, 15, 16 and 17 and Appeal Nos.
4039 and 4040 in W.P. Nos.
