A KRISHNASWAMY Vs. V NATESAN

JUDGEMENT

(1.) This is a petition to revise the order of the learned Chief Judge of the Court of Small Causes ordering inspection of the marked electoral roll, counterfoils of the ballot papers, unused ballot papers, tendered and challenged votes and the return of the polling officers, to respondent 1 who was the petitioner in Election petition No. 1 of 1948 on the file of the Court of Small Causes, Madras.

(2.) Respondent 1 was the unsuccessful candidate in a municipal election, and he filed Election petition No. 1 of 1918 for declaring that the election of respondent 1 (sic) who is the petitioner here who was the successful candidate for the 26th division, as invalid and for setting aside the election. There was also a prayer that a fresh election be ordered. The ground on which he filed the election petition was, among others, that there was false personation and the election has been materially affected by such false personation. During the pendency of the election petition, respondent 1 filed C. M. P. No. 8960 of 1948 for directing that the documents referred to, viz., the marked electoral roll, counterfoils of the ballot papers, unused ballot papers, tendered and challenged votes and the return of the polling officers be brought to Court by respondent 5 who is the Commissioner of the Corporation of the Madras and that the parties thereto be granted inspection of the same. On that, notice was ordered returnable on 30th November 1948. A consent memo was filed on 1st December 1948 which was signed by Messrs. John and Row, counsel for the Corporation of Madras, and Mr. K. V. Rajagopalan, Advocate for respondent 1, i.e. the petitioner in the election petition. The consent memo states as follows :

(3.) I therefore allow the revision petition and remand the application to the learned Chief Judge of the Small Causes, Madras, for fresh disposal, after giving notice to the other parties including the petitioner. The petitioner will have his costs from respondent 1.