678 GI/2018

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PUBLISHED BY AUTHORITY

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WEEKLY

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No. 4]

NEW DELHI, FEBRUARY 11— FEBRUARY 17, 2018, SATURDAY/MAGHA 22— MAGHA 28, 1939

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Separate Paging is given to this Part in order that it may be filed as a separate compilation

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PART II—Section 3—Sub-section (iii)

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Orders and Notifications issued by the Central Authorities (Other than the Administrations of Union Territories)

भारत िनवा चन आयोग

नई द ली, 5 फरवरी, 2018

आ.अ.

आ.अ. 8.—लोक ितिनिध व अिधिनयम, 1951 (1951 का 43) क धारा 106(क) के अनुसरण म!, िनवा"चन आयोग

वष" 2014 क िनवा"चन यािचका सं. 30 म! आ+ , देश उ/ च + यायालय, हैदराबाद के दनांक 30-08-2017 के आदेश को एत4ारा

कािशत करता है।

(संल6 न िनण"य अिधसूचना के अं8ेजी भाग म! छपा है )

[सं. 82/ईसीआई/ादे./आ..-लो.स.(30/2014)/2018]

आदेश से,

एस. के. ?डोला, धान सिचव

ELECTION COMMISSION OF INDIA

NOTIFICATION

New Delhi, 5thFebruary, 2018

O.N. 8.—In pursuance of section 106(a) of the Representation of the People Act, 1951 (43 of 1951), the

Election Commission hereby publishes the Order of the High Court of Judicature at Hyderabad for the State of Andhra

Pradesh dated 30-08-2017 in Election Petition No. 30/2014.

THE GAZETTE OF INDIA : FEBRUARY 17, 2018/MAGHA 28, 1939

[PART II—SEC. 3(iii)]

HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

WEDNESDAY, THE THIRTIETH DAY OF AUGUST

TWO THOUSAND AND SEVENTEEN

PRESENT

THE HON’BLE SRI JUSTICE A. RAJASHEKER REDDY

ELECTION APPLICATION NO: 583 OF 2017

ELECTION PETITION NO: 30 OF 2014

AND

ELECTION PETITION NO: 30 OF 2014

In the Matter of the Election to 18 ARAKU (ST) Parliamentary Constituency of Visakhapatnam District

E.P. NO: 30 of 2014:

Between:

Gummidi Sandhya Rani, W/o. Gummidi Jaya Kumar,

Occ : Politics/social work, R/o. Door No. 19-109, Telaga Street, Salur – 535591, Vizianagaram District, State of Andhra

Pradesh.

……….. Petitioner

AND

1. Kothapalli Geeta, D/o. Kothapalli Jacob, R/o. Door No. 2-236, Thimmapuram Village, Addateegala Mandal, East

Godavari District.

2. Kishore Chandra Dev, R/o. 11-131 "Fort" Kurupam, Vizianagaram -535524

3. Midiyam Babu Rao, R/o. 28-6-8, N.P.R. Bhavan, CITU Office, Near Jagadamba Jn., Visakhapatnam -20,

Visakhapatnam (Dist)

4. Kangala Balu Dora, R/o, Sunnampadu village, Maredumilli Mandal, Rampachodavaram Division, East Godavari District,

Andhra Pradesh

5. Chifti Sankara Rao, R/o. Tajangi village, Tajangi Panchayat, Chinthapalli Mandal, Visakhapatnam District,

Pin Code: 531116

6. Burjabarika Dhanaraju, R/o. Gannela Village & Panchayat, Arakuvalley Mandal, Visakhapatnam Distrct,

Pin Code 531149

Sallangi Ratnam, R/o Lingeti Village & Post, Pedabayalu Mandal,Visakhapatnam District.

Biddika Ramaiah, R/o Lovadangu, Gumma Panchayat, Kurupam Mandal, Vizianagaram District.

IiIa Rami Raddy, R/o Somarlapadu Village, Kondamodhalu Post, Via Raddy Polavaram, Devipatnam Mandal, East

Godavari District.

10. Vanugu Sankara Rao, R/o Sundruputtu, Paderu, Visakhapatnam District, A.P.,

11. The Returning Officer, 18-Aaruku Parliamentary Constituency, Visakhapatnam District.

.....Respondents

Election Petition under Section 81 r/w 4(b), 100 (1) (a) and (d) (i), 101 (a) of the Representation of People Act, 1951

praying that in the circumstances stated in the affidavit filed therewith, the High Court will be pleased to

(i)

declare the election of 1^st Respondent herein as Member of 18-Aaraku S.T. Parliamentary Constituency,

Visakhapatnam District, Andhra Pradesh, for which polling held on 07-05-2014 to be null and void and set aside

the same,

(ii)

further, declare that the petitioner has been duly elected as Member 18-Aaraku Parliamentary Constituency

U/s. 101(a) of Representation of People Act, 1951.

(iii) to award costs of the petitioner

¹Hkkx II—[k.M 3(iii)º

Hkkjr dk jkti=k % iQjojh 17] 2018@ek?k 28] 1939

ELECTION APPLICATION NO: 583 OF 2017 IN EP NO. 30 OF 2014:

Application filed under Section 109 of R.P.Act, R/w. Section 151 of CPC praying that in the circumstances

stated in the affidavit filed therewith, the High Court will be pleased to grant leave for withdrawal of E.P. No.30 of 2017

in the interest of justice.

This petition and application coming on for hearing upon perusing the petition and the affidavit filed in support

thereof and upon hearing the arguments of Sri J. Satya Prasad, Advocate, for the petitioner and of Sri Chetluru Srinivas,

Advocate, for the Respondent No,1 and of Sri V. Raghu, Advocate, on behalf of the Respondent No.3 and Respondent

Nos. 2 and 4 to 11 not appeared either in person or by Advocate.

The Court made the following Common order :—

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY

ELECTION APPLICATION No. 583 of 2017

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.

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').

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.

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.

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.

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.

Therefore, E.A. No. 583 of 2017 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.

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

Delhi 110001.

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

Sd/-

N. Muralidhar Rao,

Jt. Registrar

[No. 82/ECI/TERR/AP-HP(30/2014)/2018]

By Order,

S. K. RUDOLA, Principal Secy.

THE GAZETTE OF INDIA : FEBRUARY 17, 2018/MAGHA 28, 1939

[PART II—SEC. 3(iii)]

HIGH COURT

DATED : 30/08/2017

COMMON ORDER

EA NO. 583/2017

EP NO. 30/2014

AND

EP NO. 30/2014

Allowing the EA No. 583/2017

And

dismissing the EP with costs.

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Hkkjr dk jkti=k % iQjojh 17] 2018@ek?k 28] 1939

NOTIFICATION

New Delhi, the 9th February, 2018

O.N. 9.—In pursuance of section 106 of the Representation of the People Act, 1951 (43 of 1951), the Election

Commission of India hereby publishes the Judgement dated 9th October, 2014 and 5th May, 2017 of the High Court of

Judicature at Allahabad in Election Petition No. 11 of 2014.

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

ELECTION PETITION No. 11 of 2014

(Under Section 80 & 81 of Representation of the People Act, 1951)

(District : Jaunpur)

Rajesh Sonkar Son of Sri Banke Lal Sonkar

Resident of Village Ramnagar Bharsara,

Post Office Katchehari, District Jaunpur.

------------- Petitioner

Versus

Ram Charitar Nishad Son of Ram Narayan,

Resident of Village Katra Bujurg, Tappa Ganeshpur,

Tahsil Basti Sadar, District Basti.

------------ Respondent

Court No.-26

Case:— ELECTION PETITION No.- 11 of 2014

Petitioner: —Rajesh Sonkar

Respondent: —Ram Charitar Nishad

Counsel for Petitioner: —D.K. Singh

Hon’ble B. Amit Sthalekar, J.

List has been revised. None appears to Press this Election Petition.

The Petition is dismissed for want of prosecution.

Interim order, if any, stands vacated.

Order Date: — 09.10.2014

N. Tiwari

Sd/-

B. Amit Sthalekar, J.

THE GAZETTE OF INDIA : FEBRUARY 17, 2018/MAGHA 28, 1939

[PART II—SEC. 3(iii)]

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

ELECTION PETITION No. 11 of 2014

(Under Section 80 & 81 of Representation of the People Act, 1951)

(District : Jaunpur)

Rajesh Sonkar Son of Sri Banke Lal Sonkar

Resident of Village Ramnagar Bharsara,

Post Office Katchehari, District Jaunpur.

------------- Petitioner

Versus

Ram Charitar Nishad Son of Ram Narayan,

Resident of Village Katra Bujurg, Tappa Ganeshpur,

Tahsil Basti Sadar, District Basti.

------------ Respondent

Court No.-19

Case:- ELECTION PETITION No.- 11 of 2014

Petitioner:- Rajesh Sonkar

Respondent:- Ram Charitar Nishad

Counsel for Petitioner:- D.K. Singh, Rajesh Sonkar (In Person)

Hon’ble B. Amit Sthalekar, J.

CIVIL Misc. Recall/Restoration Application No. 386345 of 2014

along with Delay Condonation Application No. 386335 of 2014

dated 23.11.2014 is taken up.

No one appears for the appellant to press the applications.

Therefore, both the applications are rejected.

Order Date:- 05.05.2017

Sd/-

B. Amit Sthalekar, J.

[No. 82/UP-HP/ 11 /2014(Alld.)]

By Order,

ANUJ JAIPURIAR, Principal Secy.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.

RAKESH

SUKUL

Digitally signed by

RAKESH SUKUL

Date: 2018.03.01 11:29:52

+05'30'