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Koppula Subbiah Vs. Thammana Manikyam and anr. - Court Judgment

LegalCrystal Citation
SubjectElection
CourtChennai
Decided On
Reported inAIR1928Mad199
AppellantKoppula Subbiah
RespondentThammana Manikyam and anr.
Excerpt:
- .....found that the result of the election had been materially affected by the improper rejection of 16 ballot-papers, which, if accepted, would have left each of ' these candidates with 205 votes. whether the district judge's finding that the 16 ballot] papers were improperly rejected was right or wrong, he arrived at that finding by interpreting rules 14, 15 and 17 of the rules for the conduct of elections of municipal councillors. i find no defect in his jurisdiction to interpret those rules as he has done, nor any illegality nor material irregularity in his procedure. on his findings his order that a new election should be held was within his jurisdiction. the petition is dismissed. the petitioner will pay respondent 1's costs in this court. respondent 2 will bear his own costs in this.....
Judgment:

Reilly, J.

1. K. Subbiah, the petitioner here, was declared to be elected as a Municipal Councillor of Ellore as having got 196 votes at the election against 195 for T. Manikyam, respondent 1. On an election petition presented by T. Manikyam the District Judge found that the result of the election had been materially affected by the improper rejection of 16 ballot-papers, which, if accepted, would have left each of ' these candidates with 205 votes. Whether the District Judge's finding that the 16 ballot] papers were improperly rejected was right or wrong, he arrived at that finding by interpreting Rules 14, 15 and 17 of the rules for the conduct of Elections of Municipal Councillors. I find no defect in his jurisdiction to interpret those rules as he has done, nor any illegality nor material irregularity in his procedure. On his findings his order that a new election should be held was within his jurisdiction. The petition is dismissed. The petitioner will pay respondent 1's costs in this Court. Respondent 2 will bear his own costs in this Court.


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