S KANDASWAMI Vs. S B ADITYAN

JUDGEMENT

(1.) THIS is a petition filed under Article 227 of the Constitution to revise the order of the Election Tribunal, Tirmelveli, in I. A. No. 4 of 1958 in Election Petition No. 98 of 1957. That order directed a striking out of paragraphs IV-A to IV-E of the election petition, except in regard to two instances of the several corrupt practices alleged.

(2.) ELECTION petition No. 98 of 1957 was filed under the Representation of the people Act, 1951 (which will be hereafter referred to as the Act) for a declaration that the election of the respondent, S. B. Adityan to the Madras State Assembly from the Satankulam constituency in Tirunelveli District was void. The election to that constituency was held on 4-3-1957 and 6-3-1957. The petitioner and the respondent were two amongst the four candidates, who contested the election. The respondent was declared elected by a majority of about 11,2071 votes over his nearest rival the petitioner. On 15-4-1957 the petitioner filed the election petition referred to above. His case was that the election was liable to be set aside as it was procured by several corrupt practices. The main heads of charge against the respondent were that there was bribery of rival and intending candidates and of the voters on a large scale, that there was hiring of vehicles for the use of the voters, that the assistance of the police force was procured in furtherance of the prospects of the election, that there was a publication of false statement against petitioner, and that the account of election expenses submitted by the returned candidate was not correct.

(3.) A written statement was filed by the respondent on 12-7-1957 denying the several averments contained in the petition. There was a complaint in the written statement that full particulars of the alleged corrupt practices were not set out in the petition. The respondent also claimed that sub-paragraphs 6 (b), 6 (c) and 7 of paragraph IV-A should be struck out as lacking in particulars.