M LAKSHUMANAYYA Vs. SRAJAM AYYAR

JUDGEMENT

(1.) These petitions arise out of an election held on 27 August 1928, to fill three vacancies in the 3 Ward of the Wallajah Municipality. The election was conducted by the Chairman and the result, so far as it concerns us, stood as follows:

(2.) Accordingly 1, 2 and 3 were declared elected. An election petition (O.P. 11 of 28) was then filed by S. Rajam Ayyar (No. 4) in the Subordinate Judge's Court, Vellore, alleging that the Chairman had shown undue partiality, that he had counted votes in favour of the successful candidates which ought to have been rejected, that he employed an inadequate staff, that the results were announced without checking or verification, and that if there had been Subsequent check the petitioner and other candidates who had failed would have been elected. This petition was filed on 3 September, and on 24 October, before the hearing had commenced, the petitioner applied for a recount (I.A. No. 699 of 28). This was granted, and the recount was carried out by a Commissioner with the following result:

(3.) It will be seen that 4 and 5 in the prior list have displaced Nos. 2 and 3. The two candidates who were now defeated, M. Lakshmana Iyer and K.S. Mallappa Chettiar, thereupon applied (I.A. No. 752 of 28) for a scrutiny of the ballot papers, with a view to ascertain in whether they had been tampered with, but this was disallowed by the lower Court.