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(Rokapalli) Mallikharjuna Rao Naidu Vs. (Pillarisetti) Butchi Venkatarao Naidu - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1929Mad793
Appellant(Rokapalli) Mallikharjuna Rao Naidu
Respondent(Pillarisetti) Butchi Venkatarao Naidu
Cases ReferredM. Appaya Goundar v. Dawood Sahib
Excerpt:
- .....3 of the voting paper.2. i do not see how this can be other than a question of fact in which under rule 12 of the rules for decision of disputes the judge's order is final : vide m. appaya goundar v. dawood sahib [1927] m.w.n. 842. the petition must therefore be dismissed with costs.3. i may remark, however, that the voting paper is not as clear as it might be. the heading of col. 3 is:the mark should show the pleasure of the voter.4. why not 'put a mark here after the name of the candidate you choose?' in the hurry of an election everything cannot be left to oral instruction.
Judgment:

Jackson, J.

1. Mr. T.M. Krishnaswami Iyer has narrowed the discussion of this petition to one point, whether the learned Judge was justified in holding to be valid ballot paper 252, which contains a cross in Col. 2, instead of in Col. 3 of the voting paper.

2. I do not see how this can be other than a question of fact in which under Rule 12 of the Rules for decision of disputes the Judge's order is final : vide M. Appaya Goundar v. Dawood Sahib [1927] M.W.N. 842. The petition must therefore be dismissed with costs.

3. I may remark, however, that the voting paper is not as clear as it might be. The heading of Col. 3 is:

The mark should show the pleasure of the voter.

4. Why not 'Put a mark here after the name of the candidate you choose?' In the hurry of an election everything cannot be left to oral instruction.


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