This Civil Revision Petition is the second of its kind, arising in the same proceedings, i.e, election petition, O.P. No. 10 of 1959 on the file of the Court of the Subordinate Judge, Kumbakonam, acting as Election Tribunal. The first of the petitions (C.R.P. No. 1378 of 1959), was filed under section 115 of the Code of Civil procedure ; and since it was understood that such a petition would not lie, that petition has been substituted by the present petition. Therefore, it is not necessary to consider any point arising out of the earlier petition.

The present petition under consideration is one which seeks to set aside the order of the learned Election Tribunal in I.A. No. 253 of 1959 in the said O.P. No. 10 of 1959. The facts relevant to this petition are that the present petitioner, who is respondent in the said O.P., is the candidate declared elected in a municipal election for Ward VII of Kumbakonam Municipality. The respondent in this Civil Revision Petition who was defeated by about 33 votes in the said election, has preferred an election petition to set aside the election of the petitioner in the Civil Revision Petition on the ground that he resorted to various corrup