S.B. ADITYAN Vs. S. KANDASWAMI AND ORS.

JUDGEMENT

(1.) W . P. Nos. 623, 624 and 799 of 1957. - - -These applications filed under Article 226 of the Constitution arose out of proceedings before the Election Tribunal, Tirunelveli, in Election Petition No. 98 of 1957, in which the validity of the election of S. B. Adityan was challenged. It should be convenient to refer to the parties as they have been arrayed in W. P. No. 623 of 1957 preferred by the returned candidate, Adityan.

(2.) THE petitioner (S.B. Adityan) and respondents 1 to 4 (S. Kandaswami, Athimuthu, Arunachalam and Ramayya) as well as Kosalram, Ahmed Sayeed Meganathan and Muthu, nine in all, filed their nominations for the election to the State Assembly from Sattankulam Constituency of Trirunelveli district. Kosalram and Meganathan subsequently withdrew their nominations, and three others, respondent 4 (Ramayya), Muthu and Ahmed Sayeed retired from the contest. The petitioner and respondents 1 to 3 went to polls on 4th March, 1957, and on 6th March, 1957 and the petitioner was declared elected. The first respondent, Kandaswami, filed an election petition on 15th April, 19579 to avoid the election of the petitioner, Adityan. In that petition only four of the nominated candidates were impleaded as respondents. Among the candidates not impleaded were Muthu and Meganathan.

(3.) THE averments in sub -paragraphs 2 and 4 of paragraph IV -A of the election petition filed by the first respondent were: