T. L. Venkatarama Aiyer, J. - (1.) These appeals raise a question of considerable importance as to the scope of an enquiry in an election petition wherein election is called in question under S. 100(1)(c), Representation of the People Act, 1951 (43 of 1951), on the ground that a nomination paper had been improperly rejected.
(2.) The facts are that during the general elections which were held in 1957 six persons including the appellant, Valuswami Thevar, respondent 2, Chellapandian, and respondent 4, Arunachalam, were nominated for election to the Legislative Assembly of the State of Madras from Alangulam Constituency in the District of Tirunelveli. At the time of the scrutiny which was on 1st February 1957, Chellapandian raised an objection to the nomination of Arunachalam on the ground that he was the Head Master of the National Training School, Tiruchendur, which was a Government-aided school, and that he was therefore disqualified under S. 7, cls. (d) and (e), Representation of the People Act, 1951 (hereinafter referred to as the Act), as holding an office of profit under the Government. In upholding this objection, the returning officer observed: "Sri S. Arunachalam is not present at the time at scrutiny of nominations nor any authorised agent at his could take notice at the objection and file a reply. In view of the objection which has not been cleared by Sri S. Arunachalam by satisfying me that he is not holding an office of profit in a concern in which the State Government has financial interest, the objection is upheld and Sri S. Arunachalam is disqualified under Ss. 7 (d) and (e) of Act 43 of 1951. Accordingly his nomination is rejected."
(3.) The five nomination papers were accepted; two of the candidates subsequently withdrew from the election; the other three went to the polls, and on 10th March 1957, the appellant who scarred the largest number of votes was declared elected.;