KUPPUSWAMY Vs. N. KETTY MUTHU GOUNDAN

JUDGEMENT

(1.) IN the second week of October, 1955, an election was held to the Municipal Council, Erode, from the 14th ward of that town. The polling took place on 10th October, 1955. The votes were counted on nth October, 1955, when it was found that Ketty Muthu Goundan had obtained 398 votes while his rival Kuppuswamy had obtained 447 votes. The latter was, therefore, declared duly elected. On 18th October, 1955,the defeated candidate filed an election petition to set aside the election. On 13th November, 1957, the Principal Subordinate Judge and Election Commissioner, Coimbatore, set aside the election and ordered a fresh election to be held: Kuppuswamy has filed this revision petition to set aside the order of the Election Commissioner.

(2.) IN order to understand the contentions of the parties it is necessary to mention some other facts. Exhibit A -3 is a copy of the electoral roll for the ward and it is dated 20th May, 1955. Between 20th May, 1955 and nth October, 1955, this roll was revised. P.W. 1, the Deputy Tahsildar, who was assisting the "Electoral Registration Officer" to revise the roll during the period deposed that out of numerous applications for inclusion of names in the electoral roll 162 were allowed in August and September, 1955. On 22nd August, 1955, the Inspector of Municipal Councils and Local Boards, Madras, wrote Exhibit A -8 to the Municipal Commissioner, Erode, directing him,

(3.) MADRAS Act II of 1947 substituted the following Sub -section for the previous provision in Section 44(2) of the Madras District Municipalities Act: