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Showing contexts for: constructive knowledge in Edara Haribabu vs The District Collector Cum Presiding ... on 7 November, 2014Matching Fragments
76. Since, prima-facie this burden of proof is not discharged by respondents, balance of convenience clearly lies in favor of the petitioner and irreparable loss would be caused to him if the orders of 1st respondent are not suspended pending suit.
77. In the present case, the District Court relied on certain newspaper reports (Exs.B-15 and B-16) to hold that there is press coverage regarding the election to the post of Chairperson/Vice Chairperson to the ZPP, Prakasam District and therefore the petitioner is deemed to have constructive knowledge of the whip. A reading of these two news items shows that there is no mention of issuance of a whip by the TDP party directing to vote in favour of any candidate in the said election. In this view of the matter, it has to be held that this finding of the District Court is based on no evidence/deliberate misreading of evidence and perverse.