S RAJAGOPAL Vs. C M ARMUGAM

JUDGEMENT

(1.) This Election Petition concerning the rejection of his nomination in the 1972 General Elections was filed on 24-4-1972 under Sec.81 read with S.100(c) of the Representation of the People Act, 1951 (hereinafter referred to as the R.P.Act), by Sri S. Rajagopal against eleven persons as respondents. Respondents Nos. 2 to 11 were set ex-parte on 20-5-1972. The sole contestant that remained is the successful candidate 1st Respondent Sri C. M. Armugam. For convenience, I shall refer to the petitioner as Rajagopal and 1st Respondent as Armugam.

(2.) The above two persons were the only contestants in the 1967 General Elections from the same "68 KGF (Scheduled Caste) Assembly Constituency" to elect a member to the Mysore Legislative Assembly. Rajagopal won and Armugam lost. Armugarn filed EP. No.4 of 1967 in, this Court. My learned predecessor Mr. Justice Gopivaliabha lyengar (as he then was), by his order dt.30-8-1967, declared the election of Rajagopal to fill the reserved seat as void. Rajagopal went up in appeal to the Supreme Court in CA. No. 1553 of 1967,, and the appeal was dismissed on 3-5-1968. The judgment is reported in AIR. 1969 SC. 101.

(3.) In E.P.No.4 of 1967, five issues were framed issues Nos.2 and 4 were not pressed. Issue No. 5 relates only to the relief. The issues left for determination were Issues Nos. 1 and 3, which are as below :