N T VELUSWAMI THEVAR Vs. G RAJA NAINAR

JUDGEMENT

(1.) These appeals raise a question of considerable importance as to the scope of an enquiry in an election petition wherein election is called in question under S. 100(1)(c), Representation of the People Act, 1951 (43 of 1951), on the ground that a nomination paper had been improperly rejected.

(2.) The facts are that during the general elections which were held in 1957 six persons including the appellant, Valuswami Thevar, respondent 2, Chellapandian, and respondent 4, Arunachalam, were nominated for election to the Legislative Assembly of the State of Madras from Alangulam Constituency in the District of Tirunelveli. At the time of the scrutiny which was on 1st February 1957, Chellapandian raised an objection to the nomination of Arunachalam on the ground that he was the Head Master of the National Training School, Tiruchendur, which was a Government-aided school, and that he was therefore disqualified under S. 7, cls. (d) and (e), Representation of the People Act, 1951 (hereinafter referred to as the Act), as holding an office of profit under the Government. In upholding this objection, the returning officer observed:

(3.) The five nomination papers were accepted; two of the candidates subsequently withdrew from the election; the other three went to the polls, and on 10th March 1957, the appellant who scarred the largest number of votes was declared elected.