C G JANARDHANAN Vs. JOSEPH

JUDGEMENT

(1.) This is an appeal under S.116A of the Representation of the People Act, 1951. The appellant was the 1st respondent in Election Petition No. 277 of 1957 and the appeal is against the order of the Election Tribunal, Trichur, declaring his election to the Legislative Assembly of the Kerala State from the Chalakudi Constituency, No. 64, to be void under S.100(1)(a) of the Representation of the People Act, 1951.

(2.) S.100 of the Representation of the People Act, 1951, details the grounds for declaring an election to be void. There are two sub-sections to that section and sub-s.(1) is subject to the provisions of sub-s.(2). According to sub-s.(1)(a) of that section, if the Tribunal is of opinion:-

(3.) S.67A - inserted by S.37 of Act 27 of 1956 - provides that the date of the election of a candidate shall be the date on which he is declared to be elected by the returning officer: