Judgment

HIDAYATULLAH, J. : At the last General Election to the Assembly in the Madras State five candidates filed their nomination papers for the Nilakottai constituency The appellant K S Abdul Azeez was one of them and at the ensuing election he was successful having polled 4000 and odd votes in excess of those of his nearest rival. Four other candidates had filed nomination papers and they included respondents 3 to 5 in this appeal. One of the candidates withdrew and the nomination paper of the 5th respondent (Peyathevar) was rejected at the scrutiny. He had shown in his nomination paper only one symbol in one of the spaces provided for three symbols and that was the star which is reserved for the Swatantra Party. He was not the accredited candidate of the Swatantra Party and as he had not shown any other symbol, the nomination paper was held to contain a defect of substance.

2. After the election was over two voters (who are respondents 1 and 2 in this appeal) filed an election petition against the appellant and one of the grounds urged against him was that as the rejection of the nomination paper of Peyathevar was improper, under S. 100 (1) (c) of the Representation of the Peopl