M. SRINIVASAN Vs. S. SADASIVAM AND ORS.

JUDGEMENT

(1.) THIS petition is filed by the successful candidate in Ward No. 7, Town Panchayat of Thottiam in Musiri Taluk in Tiruchi District for quashing the order of the Election Tribunal, the District Munsif, Kulittalai, declaring the election to Ward No. 7 as void and directing fresh elections to that Ward.

(2.) THE elections to the Thottiam Panchayat took place on 2nd February, 1965. For Ward No. 7, three persons contested, viz., the petitioner and respondents 1 and 2. The petitioner obtained 130 votes as against the first respondent who obtained 129 votes and the 2nd respondent who obtained one vote. The petitioner was declared elected. The first respondent filed an election petition challenging the validity of the election of the petitioner. Several objections were raised before the Election Tribunal, but it is unnecessary to state all of them. The Tribunal found that one Angammal was improperly refused a ballot paper and if a ballot paper had been given to her, the result of the election would have been materially affected. The petitioner raised the contention that the first respondent was disqualified to be a member on the ground that he had an interest in a subsisting contract with Srinivasanallur Panchayat Board. The Election Tribunal while holding that the first respondent had a subsisting contract with the Srinivsasanallur Panchayat Board, found that as the election was for the Thottiam Town Panchayat, he was not disqualified.

(3.) REGARDING the vote of Angammal, the Election Tribunal found that an irregularity had been committed by the Assistant Polling Officer in treating Angammal's vote as a tendered vote and as such, it has materially affected the election results. Summing up the evidence on the point, the Tribunal observed: