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High Court for State of TelanganaEP/30/2014dismissed no costs

Gummidi Sandhya Rani, Vizianagaram Dist. v. Kothapalli Geeta, E.G.Dist. And 10 Others

2017-08-30A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY ELECTION APPLICATION No.583 of 2017 In ELECTION PETITION No.30 of 2014 And ELECTION PETITION No.30 of 2014 COMMON ORDER :

Election Petition No.30 of 2014 has been filed by the petitioner herein challenging the election of the 1st respondent as Member of 18-Aaraku S.T.

Parliamentary Constituency, Visakhapatnam District, Andhra Pradesh in the General Elections held on 07.05.2014.

2.

Subsequently, E.A.No.583 of 2017 has been filed by the Election petitioner declaring his intention to withdraw the Election Petition asserting that the said act is not the result of any inducement or coercion. The said application was filed under Section 109 of the Representation of Peoples Act, 1951 (for short 'the Act').

3.

On 19.07.2017, this Court, after hearing Sri J.Satya Prasad, learned counsel appearing for the Election petitioner, Sri Chetluru Sreenivas, learned counsel appearing for the 1st respondent, Sri V.Raghu, learned counsel appearing for the 3rd respondent, directed publication of notice of this application in the official gazette as mandated by Sub-Section (2) of Section 109 of the Act on or before 26.08.2017.

4.

The notification was then published in the Andhra Pradesh Gazette No.41, dated 24.08.2017 by the Chief Electoral Officer & E.O. Spl.Chief Secretary to the Government.

5.

No person has come forward to object to withdraw of E.A.No.583 of 2017 and requesting that he be substituted in the place of Election petitioner, who is withdrawing the Election Petition.

6.

After perusing the affidavit filed in support of E.A.No.583 of 2017, I am satisfied that filing of the said application was not induced by any bargain or consideration which ought not to be allowed.

7.

Therefore, E.A.No.583 of 20178 is allowed and Election Petition is dismissed with costs of Rs.1,000/- (Rupees one Thousand only) to be paid by the petitioner to the 1st respondent within eight (08) weeks from today.

8.

Copy of this order be communicated to the Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi110001. 9.

As a sequel, miscellaneous application, if any pending in this Election Petition, shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 30.08.2017 t k.