GOPALAN Vs. KANNAN

JUDGEMENT

(1.) THERE were three contesting candidates, the petitioner (Congress), the 1st respondent (Communist) and the 2nd respondent (Independent ). The polling was on the 5th March 1957, and the counting of votes, on the 9th and the 11th March 1957. The 1st respondent secured 17,464 votes, the petitioner, 17,413 votes, and the 2nd respondent 9082 votes. The result of the election was declared on the 11th March 1957.

(2.) S. 100 of the RepreSentation of the People Art, 1951, detailS the groundS for declaring an election to be void. There are tow Sub-SectionS to that Section and Sub-Section (1) iS Subject to the proviSionS of Sub-Section (2 ). According to Sub-Section (1) (d) of that Section if the tribunal iS of opinion. "that the reSult of the election, in So far aS it concernS a returned candidate, haS been materially affected - (i) by the improper acceptance of any nomination, or (ii) by any corrupt practice committed in the intereStS of the returned candidate by a perSon other than that candidate or hiS election agent or a perSon acting with the conSent of Such candidate or election agent, or (iii) by the improper reception, refuSal or rejection of any vote or the reception of any vote which iS void, or (iv) by any non-compliance with the proviSionS of the conStitution or of thiS Act or of any ruleS or orderS made under thiS act", the Tribunal Shall declare the election of the returned candidate to be void, and the contention of the appellant iS that the Tribunal waS wrong in refuSing Such a declaration.

(3.) THE 2nd respondent remained ex part throughout the proceedings before the Tribunal. He has also not chosen to enter an appearance before us.