VENKATA KRISHNA RAO Vs. APPALASWAMY

JUDGEMENT

(1.) This is an appeal against the order of Rajagopala Ayyangar J. of the Madras High Court dismissing the petition filed by the appellant under Art. 226 of the Constitution of India for quashing the order of the Election Commissioner, who set aside the election to the office of the President of the Panchayat Board, Satyavolu.

(2.) The election was held on 23-4-1953. The appellant and the 1st respondent were the contesting candidates. . The appellant got 633 votes and the respondent secured 582 votes and the appellant was declared duly elected. The respondent filed a petition before the Election Commissioner for setting aside the election on the ground among others that the appellant was guilty of an offence under Section 171-B of the Indian Penal Code. The Commissioner held that the appellant gave some land to P. W. 6 as bribe for refraining from voting at the election. On that ground and also in view of his findings on the other points raised, the election was set aside. The appellant filed a writ petition before the High Court of Madras and that was dismissed on 6-5-1954.

(3.) The only question is whether the learned Jt. 'ge was right in holding that the appellant was guilty of an offence under Secuon 171-B of the Indian Penal Code, which reads: