Andhra Pradesh High Court - Amravati
Sri Modugala Venugopala Reddy vs Jayadev Galla on 27 April, 2023
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE No.E.P.No.2 of 2019
PROCEEDING SHEET
Sl. Office
No DATE ORDER Note
17 27.04.2023 RRR, J
In view of the dispatch receipts placed before
this Court along with the track consignment
reports filed along with the memo dated
12.04.2023, by the learned counsel for the
petitioner, vide USR No.37816 of 2023. The proof
of service on the unserved respondents has been
filed.
The draft issues framed by the 1st respondent and draft issues framed by the petitioner have also been placed before this Court.
After perusing the said issues and after perusing the material on record, this Court deems it appropriate to frame the following issues:-
i. Whether the rejection of postal ballets by the returning officer, on the ground of non- compliance of Rule 54 of the Conduct of Election Rules, 1961, is invalid and liable to be set aside.
ii. Whether the issue of alleged non-exercise of franchise of 1763 Government employees who had been drafted for election duty could be gone into, without any relief in this regard, being sought in the election petition.
iii. Whether the issue relating to alleged dual Contd...2
exercise of franchise of 4252 private employees, who had been initially drafted for election duty, and issued postal ballets, after which they had been removed from election duty, can be adjudicated without any relief being sought in this regard.
iv. Whether the question of discrepancy in Form 17 and Form 20 would vitiate the election of the 1st respondent, could be gone into without any such relief being sought in the election petition.
v. Whether the discrepancy in Form 17 and Form 20 would vitiate the election of the 1st respondent as pleaded by the election petitioner, in the event of the earlier issue being decided in favour of the petitioner. vi. If the issues in 3 and 5 are held in the affirmative, whether the petitioner is entitled for the relief for setting aside the election of the 1st respondent without seeking such a consequential relief. vii. Whether the election petitioner was entitled for relief of recounting of votes on the grounds pleaded by him in the election petition.
Post on 11.05.2023.
_________ RRR, J RKS/DSV