Judgment

HIDAYATULLAH, C. J.: This appeal is directed against the judgment of the High Court of Madras, 28th May, 1968, by which the election of the appellant Seshadri has, been set aside. The election in question was to the Madras Legislative Council from the Madras District Graduates Constituency. That constituency consisted of 19498 ,votes and the total votes polled were 12,153. Since the voting was by a single transferable vote, three out of the five candidates were eliminated at different counts with the result that their votes were transferred to the second person named by the elector on the ballot. At the final count the appellant Seshadri received ,5643 votes and and G. Vasantha Pai (his nearest rival) who is the first respondent in the appeal received 5388 votes. Seshadri was, therefore, elected by a majority of 255 votes.

2. The election petition was filed by G. Vasantha Pai to question the election of Seshadri on many grounds. Only one ground prevailed, namely, that he had employed cars which had been hired or procured for the conveyance of the voters to the polling booths which numbered 73 in this constituency. The other charges were numerous but they need not be mentione