N SATYANATHAN Vs. K SUBRAMANYAN

JUDGEMENT

(1.) The only question for determination in this appeal by special leave is whether the appellant is disqualified under Section 7(d) of the Representation of the People Act, 1951 (hereinafter called the Act) for election to the House of the People, as held by the Election Tribunal, North Arcot, Vellore, by its orders dated the 20th January, 1953 in Election Petition No. 35 of 1952.

(2.) The facts of this case are not in dispute and lie within a narrow compass. The appellant and respondents 1 to 3 contested the last general election from the Dharmapuri Parliamentary Constituency in the district of Salem in the state of Madras. Respondents 4 to 10 who were added subsequently by an order of the Tribunal were also candidates for election. Their nominations also had been held to be valid but they ultimately withdrew their candidature before the polling took place. The appellant was in due course declared to have been elected to the House of the People.

(3.) To the election petition filed by the 1st respondent the appellant filed his written statement on the 28th May 1952 denying that he was disqualified for election as a member of Parliament by virtue of the provisions of Section 7(d) of the Act. His contention was that