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Rekapallai Mallikharjuna Rao Naidu Vs. Pillarisetti Butchi Venkataras Naidu - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in121Ind.Cas.32
AppellantRekapallai Mallikharjuna Rao Naidu
RespondentPillarisetti Butchi Venkataras Naidu
Cases ReferredVide M. Abboya Goundar v. Sheik Dawood Sahib
Excerpt:
civil procedure code (act v of 1908), section 115 - municipal election--ballot paper, validity of--order of district judge, whether open to revision. - .....paper.2. i do not see how this can be other than a question of fact on which, under rule 12 of the rules for decision of disputes, the judge's order is final. [vide m. abboya goundar v. sheik 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.' 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 cot 3 of the voting paper.

2. I do not see how this can be other than a question of fact on which, under Rule 12 of the Rules for Decision of Disputes, the Judge's order is final. [Vide M. Abboya Goundar v. Sheik 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.' 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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