( 1 ) THESE two writ petitions have been heard together as desired by the learned Counsel appearing in them because they raise substantially the same questions for decision. These petitions ask for certiorari to quash certain orders passed by the Election Commissioner appointed under the Rules for Decision of Election disputes under the Madras District Municipalities Act, 1920-hereinafter called the Rules. Writ Petition No. 388 of 1964 relates to an election to the Ramachandra puram municipal Council from Ward No. 6. The petitioner was declared elected.

( 2 ) THEREUPON the respondent, who was the rival candidate at the election, filed an election Petition before the Election Commissioner under rule 2 of the Rules for setting aside the election and declaring him duly elected. One of the main grounds for impugning the validity of petitioner s election was that, there was impersonation of dead voters. A schedule to the election petition mentioned the names of 8 dead persons who were allegedly impersonated at the election. Under rule 2 (1), the election petition had to be filed within seven days from the date of declaration of the result of the election. The election petition in questi

Click Here to Read the rest of this document