Judgement

VENKATARAMA AYYAR, J. : The appellant was one of several candidates who stood for election to the Legislative Assembly of the State of Mysore from the Tarikera Constituency. At the polling which took place on 4-1-1952 he obtained 8093 Votes as against 8059 got by the first respondent, the others getting much less, & was duly declared elected. The first respondent then filed a petition for setting aside the election on the ground that the appellant had committed corrupt and illegal practices, and also prayed that he might himself be declared duly elected.

By its order dated 15-1-1953, the Election Tribunal, Shimoga held that three of the corrupt practices set out in the petition had been proved, viz:, (1) that one Ahmed Jan had with the connivance of the appellant transported voters to the polling booth in a service bus free of fare, (2) that the appellant secured the services of a Government servant, Parameswarappa to canvass for him at the election, and (3) that the return of election expenses made by him was false, and that the amount actually spent for the election exceeded the maximum allowed.

2. On these findings, the Tribunal declared the election of the appellant void