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1949 Supreme(Mad) 444

BALAKRISHNA AYYAR
Rajam Bharathi – Appellant
Versus
Damodaram Naidu – Respondent


Advocates:
K. Bashyam Aiyangar and T.R. Srinivasan for Petitioner.
D. Ramaswami Aiyangar for C.S. Venkatachari, S. Kuppuswami and John and Row for Respondents.

Judgment

This is a petition to revise the order of the Chief Judge of the Court of Small Causes, Madras, setting aside the election of the petitioner from the 25th Division of the City. The disputed election was held on the 30th September, 1948, and it was declared that the petitioner Mrs. Rajam Bharathi was the successful candidate, it having been found that she had polled 726 votes as against 458 secured by her closest competitor Mr. Damodaram Naidu. Mr. Damodaram Naidu thereon filed a petition under rule 12(2) of the rules framed under section 59(2) and section 347(1) of the City Municipal Act to have the election set aside. In paragraph 3(a) of his petition he alleged that on the day of polling a son of the petitioner named Dorai, who was a student in the Pachaiappa’s College, went to the polling booth and claiming to be Sir A. Lakshmanaswami Mudaliar, Vice-Chancellor of the Universjty, asked for a voting paper in his name. Mr. Damodaram Naidu, who was then present at the booth, pointed out that Dorai was not Sir Lakshmanaswami Mudaliar and objected to the voting paper being issued to Dorai. Then Dorai asserted that earlier in the day some one had voted in the name of Mr. V.P. R




































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