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1973 Supreme(Mad) 531

M.M.ISMAIL
Periaswami – Appellant
Versus
Rangaswami and others – Respondent


Advocates:
M.K. Nambiar for M/s. S. Balathandapani and M.N. Krishaman,for Petitioner.

Order:-The petitioner was elected as the president of the PudupalayamVillage Panchayat in the elections held on 28th July, 1970, respondents 1 and 2herein having been defeated. The first respondent herein preferred an electionpetition namely, O.P. No. 36 of 1970 on the file of the Court of the DistrictMunsif of Ariyalur to set aside the election of the petitioner. The ElectionTribunal by an order dated 16th June, 1972, set aside the election of thepetitioner filed a writ petition namely W.P. No. 1588 of 1972 (Periaswamy v.Rangaswamy and 2 others) on the file of this Court praying for the issueof a writ of certiorari to quash the same. The said writ petition wasallowed on 1st August, 1972 and the Original Petition No. 36 of 1970 itself wasremanded for fresh disposal. The said O.P. was the Principal District Munsif,Tiruchirapalli, and the said Election Tribunal by its order dated 1st February,1973, after recounting the votes came to the conclusion that the petitoiner andthe first respondent had obtained an equal number of votes and that therefore afresh election should be held. It is to quash this order that the present writpetition has been filed under Article 226 of the Constitutio






























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