A K SUBBARAYA GOUNDAR Vs. MUTHUSAMI GOUNDAR

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for the issue of a writ of certiorari to quash the proceedings and order of the Election Tribunal, Coimbatore, in Election Petition No. 1 of 1952 on the file of that Tribunal declaring the election of the petitioner to the Madras Legislative Assembly from the Kangayam General Constituency void. The petitioner and the first respondent were the two candidates for election to the Madras Legislative Assembly from the Kangayam General Constituency. The respondent filed two nomination papers on 20-11-1951. Both the nomination papers were rejected by the Returning Officer on scrutiny made by him on 28-11-1951 on the ground that the respondent had not filed a declaration relating to the appointment of his election agent. The petitioner was therefore declared elected as he was the only duly nominated candidate for the seat. The respondent thereupon filed an election petition under Section 81, Representation of the People Act, 1951. The Election Tribunal held that the rejection of the nomination of the respondent was wrong and declared the election of the petitioner void.

(2.) The following provisions of the Representation of People Act, 1951 and the rules framed thereunder are material for the disposal of this application. Section 33, Sub-section (3) is as follows:

(3.) Section 36, Sub-section (2) in so far as it is relevant runs thus: