N PETHU REDDIAR Vs. V A MUTHIAH

JUDGEMENT

(1.) THIS is an appeal under Section 116-A of the Representation of the People Act, 1951 at the instance of a defeated candidate against the order of the Election tribunal (District Judge) Tiruchirapalli, dismissing his application to have the election set aside.

(2.) AT the recent general election to the Madras legislative assembly from uppiliapuram constituency in Musiri taluk, Tiruchirapalli Dt. held on 19-2-1962, three candidates, namely, the first respondent, the appellant and the second respondent contested. The counting of votes took place on 25-2-1962. We give below the candidates, their party affiliation with the symbols relative thereto and the votes secured by them: first respondent Congress Two bullocks with a yoke on 29435 votes appellant D. M. K. Rising sun 29077 votes second respondent Independent Lion 3766 votes invalid votes 2663 votes

(3.) THE first respondent who secured the highest number of votes, the majority over his nearest rival being 358 votes, was declared elected. The appellant then filed a petition to get the election set aside alleging various irregularities and illegalities in the conduct of the election. Several of them were however not pressed during the trial of the petition, and in this appeal the appellant's case was confined to only ground of attack, namely, that relating to an alleged improper counting of votes. Before we proceed to state the precise ground on which that irregularity is rested, certain matters have to be mentioned.