JUDGEMENT
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(1.)This Election Petition was filed praying for recount of all votes counted in favour of R.1 and rejected votes, for declaration that the election of R.1 to Andhra Pradesh Legislative Assembly from 276 Kothagudem Assembly constituency is void and for further declaration that the petitioner is validly elected from the said constituency.
(2.)The elections for Andhra Pradesh Legislative Assembly were held on 22-11-1989. The petitioner and 1st to 7th respondents herein contested for 276 Kothagudem Assembly constituency. In the said election the petitioner and 1st to 7th respondents got the following votes:
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4,781 votes were rejected. 1st respondent was declared elected with a margin of 247 votes.
(3.)Though the petitioner alleged that 1st respondent incurred election expenditure exceeding limits prescribed in Sec.77 of Representation of People's Act, 1951 (in short R.P.Act) and it amounts to corrupt practice u/s.123(6) of R.P. Act, evidence was adduced in regard to the same. Thus the issue No.1 which was framed in regard to the same had to be held against the election petitioner.
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