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1957 Supreme(Kar) 10

VENKATARAMAIYA, SREENIVASA RAO
B. N. KRISHNA MURTHY – Appellant
Versus
R. SUBBANNA – Respondent


( 1 ) THIS petition relates to the election of two members to the Legislative Council of the State of mysore from the Bangalore (Local Authorities) Constituency in May 1956. There were five candidates for the election, i. e. , the present petitioner and the present respondents 1 to 4. The petitioner and Respondent 2 were declared elected, thereupon Respondent 1 filed an election petition under Section 81 of the Representation of the People Act, 1951, calling in question the election of the petitioner and Respondent 2. An election tribunal was constituted for the trial of the election petitioner. Two points were urged in support of the petition : firstly, that the Returning Officer erred in ruling out 61 votes on the ground that the signatures of the voters were not duly attested as the attestor was not a gazetted officer of the Mysore Government or of the Central Government as required by law, and secondly, that as the numbers entered on the several envelopes in which the ballot papers were placed did not agree with the numbers on the respective ballot papers as required by Rule 92 (2) of the Representation of the People (Conduct of Elections and Election Petitions) Rules, 1951, al





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