M. NARAYANA RAO versus G. VENKATA REDDY & OTHERS

M. NARAYANA RAO versus G. VENKATA REDDY & OTHERS

No corrupt practice of undue influence was proved beyond doubt against Rao or his agents. The High Court erred in relying solely on weak oral evidence against contemporaneous documentary evidence. Ballot papers with marks on the reverse side were rightly rejected. Rao was validly elected, and his election should not be set aside.

Parties
Appellant/respondent No. 1: M. Narayana Rao; Appellant/election Petitioner/respondent No. 1: G. Venkata Reddy
Jurisdiction
India
Judgment Date
03 September 1976
Procedural Posture
Civil Appeal / Appeal From Andhra Pradesh High Court Decision in Election Petition No. 1/1972 and Election Appeal No. 52/73
Outcome
Civil Appeal No. 583 of 1974 allowed; Civil Appeal No. 686 of 1974 dismissed.
Legal Topics
Corrupt Practice, Ballot Validity, Counting of Votes, Undue Influence
Election Law Corrupt Practice Ballot Validity Counting of Votes Undue Influence

Case Brief

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Parties

M. Narayana Rao

Appellant/respondent No. 1

G. Venkata Reddy

Appellant/election Petitioner/respondent No. 1

Procedural Posture

Civil Appeal / Appeal From Andhra Pradesh High Court Decision in Election Petition No. 1/1972 and Election Appeal No. 52/73

Legal Issues

  1. 1 Whether corrupt practice of undue influence was committed under Section 123(2) of the Representation of the People Act, 1951
  2. 2 Whether rejection of ballot papers with marks on the reverse side was valid under Rule 39(2)(b) of Conduct of Election Rules, 1961
  3. 3 Whether the High Court was correct in setting aside the election based on appreciation of evidence

Ratio Decidendi

No corrupt practice of undue influence was proved beyond doubt against Rao or his agents. The High Court erred in relying solely on weak oral evidence against contemporaneous documentary evidence. Ballot papers with marks on the reverse side were rightly rejected. Rao was validly elected, and his election should not be set aside.

Court Disposition

Civil Appeal No. 583 of 1974 allowed; Civil Appeal No. 686 of 1974 dismissed.

Orders

  • Judgment and order of High Court declaring election of M. Narayana Rao void is set aside.
  • No order as to costs in either appeal.