Case: Kona Prabhakara Rao Versus M. Seshagiri Rao And Another,. (Civil Appeal No. 1321 Of 1979) M. Seshagiri Rao Versus Kona Prabhakara Rao And Another (Civil Appeal No. 2043 Of 1979) Vs.

Civil Appeal No. 1321 of 1979 has been filed by the appellant who was a candidate in the 1978 elections from Andhra Pradesh and had been successfully elected to the Legislative Assembly of the state from Bapatla constituency No. 98. The respondent, who is the election petitioner and also one of the candidates who lost the election, filed an election petition before the Andhra Pradesh High Court challenging the election of the appellant mainly on the three grounds : firstly that the appellant indulged in corrupt practices inasmuch as he took the assistance of a Tahsildar in promoting his election prospects; [2] that the appellant at the time of filing his nomination papers held an office of profit under the Government and therefore was disqualified from fighting the election; and [3] it was alleged by the petitioner that there were number of irregularities and infirmities in the counting of the votes and therefore if the votes were, the election petitioner would have succeeded and hence he should be declared duly elected2. The High Court after taking the evidence and hearing the counsel for the parties found the first two grounds namely, corrupt practice and the question that the appellant as holding an office of profit under the Government in favour of the election petitioner as proved and set aside the election of the appellant. The High Court however did not choose to go into the question ofg although the respondent election petitioner had made an express prayer forg of the votes and for being declared to be duly elected to the Assembly if the election of the appellant was set aside. The respondent, election petitioner, accordingly has filed Civil Appeal NO. 2043 of 1979 against that part of the judgment of the High Court by which his prayer forrecountand a declaration that he be declared duly elected was disallowed.

Court's reasoning:
3. So far as Civil Appeal No. 1321 of 1979 is concerned, after hearing counsel for the parties, we are satisfied that the judgment of the High Court cannot be sustainedIn this view of the matter, we are satisfied that the election petitioner failed to prove the allegations of corrupt practice alleged against the appellant. The finding of the High court on this point cannot be sustained7. A perusal of this paragraph of the Article shows that the appointment of ae Chairman rests not with the Government but with the Corporation. Acting in pursuance of this provision, the Corporation by can order dated October 11, 1977, long before the order passed by the Government had appointed the appellant ase Chairman. This order runs thus :Corporation resolved that the following be and hereby appointed ate Chairman and Directors to serve on the Board of Travel and Tourism Corporation [A. P.] Private Limited in pursuance of Articles 60 [a] and 60 [b] of Memorandum and Articles of Association of the Company, as the nominees of the A. P. S. R. T. C. from the date of this Resolution for a period of two years10. In view of these decisions, it is absolutely clear that as the appellant was neither appointed nor was removable by Government and even his compensatory allowances were paid from the funds of the Corporation and not from the coffers of the Government, he cannot be said to be a person holding any office of profit under the Government. For these reasons, the view taken by the High Court on this aspect of the question is also legally erroneous. For these reasons, therefore, we allow Civil Appeal No. 1321 of 1979 and set aside the judgment of the High Court voiding the election of the appellant. As a material consequence of allowing the appeal, the appellant will continue to remain a member of the Legislative Assembly of the State of Andhra Pradesh subject of course to the result of Civil Appeal No. 2043 of 197911. As regards Civil Appeal No. 2043 of 1979, the counsel for both the parties have expressed their join consent that in view of the allegations made by the appellant, theg may be done in this Court instead of remitting the matter to the High Court which will involve lot of delay. In view of the consent given by the parties, without going into the question whether or not a prima facie case has been made for a, we shall proceed on the footing that both the parties agree to theg to be done under orders of this Court12. Theg will be done by the Registrar from 11 a.m. to 4 p.m. and should be completed as far as practicable in two days. In case it is not finished in two days, it can be continued on the third day. Theg will be done in the presence of the parties and their counsel. Parties have further agreed before us that the report of the Registrar regarding the result of therecountshall be binding on the parties without any further argument and the appeal should be decided in accordance with the order passed by this Court on the basis of the report of the Registrar. The Registrar [Judicial] will exercise all powers of the Returning Officer in. We might hasten to add that one of the primary considerations which weighed with us in allowing the prayer forrecountwas the agreement of both the parties to abide by the decision of the Registrar13. The ballot papers which are kept in steel trunks may be called for from the High Court which may be directed to send the same through a special messenger as expeditiously as possible at the cost of the appellant of civil Appeal No. of 1979 [election petitioner]14. The Registrar shall notify the date ofg as soon as the steel boxes are received, and after completing the task, submit his report to this Court after which the parties will be informed of the date and the case will be put up before us for final orders;.