K KAMARAJA NADAR MARIAPPAN M R MASANI Vs. KUNJU THEIVAR:V R NEDUNCHEZHIYAN:THE ELEPTION TRIBUNAL RANCHI

JUDGEMENT

(1.) These Civil Appeals raise a common question of law, viz., the interpretation of sections 82 and 117 of the Representation of the People Act 1951, (hereinafter referred to as "the Act") and can be disposed of by a common judgment.

(2.) Civil Appeal No. 763 of 1957 : The appellant in Civil Appeal No. 763 of 1957 is the Chief Minister of Madras and was declared duly elected to the Madras State Legislative Assembly at an election held on 4th March 1957, from the Sathur Constituency having got 36,400 valid votes as against 31, 683 valid votes secured by his rival, the respondent No. 2 in the petition. There had been seven candidates duly nominated for election in that constituency out of whom 4 had withdrawn their candidature by 4th February 1957, which was the last date for such withdrawal. Three candidates were thus left in the field, the Appellant, the 2nd respondent and one Sundaraju Pillai and their names were placed in the list of contesting candidates and published by the Returning Officer under S. 38 of the Act. Pillai retired from the contest on 21st, February 1957, under S. 55A(2) of the Act, thus leaving the appellant and the 2nd respondent the only two contestants for the seat.

(3.) After the appellant was declared duly elected, the first respondent who was an elector in the said constituency filed an election petition, being Election Petition No. 147 of 1957, impleading the appellant and the 2nd respondent as party respondents to that petition and prayed that the election of the appellant from Sathur Constituency be declared void and further that the 2nd respondent be declared duly elected.