(1.) This is an election petitioner's appeal under Section 116-A of the Representation of the People Act, 1951 (to be hereinafter referred to as the Act). It relates to the election to the Tamil Nadu Legislative Council from the Madras City Graduates' constituency. The election was held on April 11, 1970. Seven candidates contested in that election. The election was according to the principles of proportional representation by means of single transferable vote. The Madras City Graduates' constituency was a two member constituency. The 1st respondent, Vasantha Pai was declared elected in the first count itself. The second respondent Narayanaswamy was declared elected in the second count. The election of Vasantha Pai was challenged by the appellant Vardachari who is an elector in the constituency in question on the ground that Vasantha Pai was guilty of corrupt practices mentioned in sub-sections (2) and (4) of Section 123 of the Act. The High Court came to the conclusion the petitioner has failed to make out his case and consequently dismissed the election petition. Hence this appeal.
(2.) The charges levelled against Vasantha Pai are:(1) that he (Vasantha Pai) falsely carried on propaganda to the effect that the High Court of Madras had decided in an earlier election petition between him and R. N. Seshadri that the constituency in question is a non-political and Narayanaswamy having been sponsored by the Swatantra Party any votes given to him will amount to "throwing away" of the votes and (2) that Narayanaswamy being a non-graduate was not qualified to be a candidate at the election.
(3.) It may be noted at this stage that Vasantha Pai did object to the candidature of Narayanaswamy before the Returning Officer on the two grounds mentioned earlier. The Returning Officer rejected those objections holding that there was no material before him to show that Narayanaswamy had been sponsored by the Swatantra party and further that in his view a non-graduate is not disqualified from seeking election from a graduate constituency. Even after the Returning Officer rejecting the contentions of Vasantha Pai, he admittedly carried on the propaganda referred to earlier by publishing leaflets as well as appeals in the Newspapers.