THUBATI KOTAYYA Vs. PRESIDENT, TALUK BOARD

JUDGEMENT

(1.) A candidate had to be elected to represent Nadandla Circle on the Narasaraopet Taluk Board. In respect of that single vacancy, there were three candidates for election, the plaintiff and the 2nd defendant being two of them. The election was to be held on the 13 August, 1928, and the nomination papers were to be presented on the 17 July between 5 and 6 p.m. The President of the Taluk Board rejected the nomination of the plaintiff as invalid, who, thereupon, has instituted the present suit to obtain a declaration that he was validly nominated and an injunction restraining the former from holding the election.

(2.) There were ten nomination papers and four out of them are material to the present enquiry. They are the following:

(3.) This table shows that the plaintiff's name was proposed by Sriramulu in Paper No. 5, but that same person had, as seconder, also subscribed the earlier Paper No. 2 relating to the 2nd defendant. Again, Subbiah who seconded the nomination of the plaintiff in Paper No. 6 had as proposer subscribed the 2nd defendant's paper, that being the nomination received earlier by the President. Under the Rules for the Conduct of Elections, Nomination Papers Nos. 5 and 6 were rejected by the President as invalid. So far, his decision is correct and cannot be questioned. I reproduce below the relevant rules. 2. (1) The nomination of every candidate shall be made by means of a nomination paper in Form No. 1, which shall, on application, be supplied free by the President to any elector whose name is on the electoral roll for the circle or ward. (2) Every nomination paper shall be subscribed by two such electors as proposer and seconder and the candidate shall subscribe a declaration on it expressing his willingness to stand for election. 3. (a) The same elector may subscribe as many nomination papers as there are vacancies to be filled but no more. Each candidate shall be nominated by a separate nomination paper. (b) Where a person has subscribed whether as proposer or seconder a larger number of nomination papers than there are vacancies to be filled those of the papers so subscribed which have been first received up to the number of vacancies to be filled shall be deemed to be valid. (c) The rejection of a nomination paper of any candidate on the ground of any irregularity in respect thereof shall not affect the validity of the nomination of the candidate if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.