BADDAM BALREDDY Vs. SULTAN SALAHUDDIN OWAISI
LAWS(APH)-1997-1-64
HIGH COURT OF ANDHRA PRADESH
Decided on January 18,1997

BADDAM BALREDDY Appellant
VERSUS
SULTAN SALAHUDDIN OWAISI Respondents




JUDGEMENT

- (1.)Election to the 30-Hyderabad Parliamentary Constituency held on 20-05-1991 is challenged in this Election Petition.
(2.)Though the election petitioner has sought a declaration that the election of the first respondent to the house of People from 30-Hyderabad Parliamentary Constituency held on 20-5-1991 as void; (b) to declare the petitioner as having been duly elected in the said election; and (c) alternatively order repoll in 164 polling booths as indicated in Annexure-14 within the jurisdiction of Charminar, Chandrayanagutta, Yakutpura and Karwan Assembly Constituencies, the relief sought under Paras (b) and (c) of Para 44 of the Election Petition does not survive as a result of the subsequent election held to 30-Hyderabad Parliamentary Constituency in the year 1996. The only relief now survives in this Election Petition is to declare the election of the first respondent to the house of the People from 30-Hyderabad Parliamentary Constituency for which election was held on 20-5-1991 as void on the ground that the first respondent indulged in corrupt practices within the meaning of Section 123(3) and (5) of the Representation of the People Act, 1951 (for short 'the Act').
(3.)Election to the 30-Hyderabad Parliamentary Constituency was held on 20-5-1991. 30-Hyderabad Parliamentary Constituency has seven assembly segments, viz., Tandur, Vikarabad, Chevella, Karwan, Yakutpura, Chandrayanagutta and Charminar. The election petitioner Sri Baddam Bal Reddy who contested the said election on the Bharatiya Janata Party ticket (for short 'BJP') was unsuccessful having lost the election to the first respondent who contested the said election on behalf of Majlis Ittehadul Muslimeen Party (for short 'MIM'). The first respondent Sri Sultan Salauddin Owaisi was declared elected in the said election having secured a majority of 44,314 votes against his nearest rival i.e., the election petitioner herein. The total votes in the said 30-Hyderabad Parliamentary Constituency were 12,95,577. In all 26 candidates contested the said election including the election petitioner and the first respondent. In the said election, the valid votes polled were 9,89,141 and the rejected votes were 1,154. There were 41 tender votes. The first respondent secured 4,59,866 votes as against the election petitioner who secured 4,14,552 votes. The percentage of polling was around 69 to 70%. Repolling in nine booths was also ordered on 12-6-1991 and in two booths on 14-6-1991. Counting of the votes commenced on 16-6-1991, completed on 17-6-1991 at 4.00 a,m. The election results were declared on 19-6-1991.


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