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1955 Supreme(Mad) 155

SOMASUNDARAM, P.V.RAJAMANNAR
V. K. John. – Appellant
Versus
G. Vasanta Pai. – Respondent


Advocates:
M.K.Mambiar, T.Ramaprasada Rao, N.Srivatsamani and V.P.Raman for Appellants.
K.V.Venkatasubramania Aiyar, T.Krishna Rao and A.Marayana Pai for Respondents.

Rajamannar, C.J.-These two appeals are from the judgment of Rajagopala Ayyangar, J., disposing of two writ petitions Nos.719 and 723 of 1954. By the same judgment, the learned Judge disposed of two other writ petitions also ; but we are not concerned with them. The two petitions were filed under Article 226 of the Constitution praying for the issue of a. writ of certiorari calling for the records of the Election Tribunal, Madras, in Election Petition No.28 of 1954, and the proceedings of the Tribunal in I.A.Nos. 7 and 8 of 1954 in the said Election Petition, dated 1st November, 1954 and to quash the same.

There was a bye-election for two seats in the Madras Legislative Council from the Graduates’ Constituency. There were four candidates for the two seats, namely, Dr.John, Dr.A.Srinivasan, Dr.M.Santhosham, and Mr.G.Vasanta Pai. The election was by postal ballot. The date of the poll was 8th April, 1954. On 9th April, 1954, the votes were scrutinised and counted, and Dr.John and Dr. Srinivasan were declared elected as having polled the largest number of votes. The result of the election was published in the Fort St.George Gazette on 12th April, 1954. On 21st July, 1954, Mr. G.Vasanta































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