RAJAMANNAR, C. J. :- This is an appeal against the order of the Election Tribunal, Madurai, in Election Petition No. 86 of 1957 filed in the following circumstances. In the recent general elections to the Madras State Assembly four candidates went to the polls to contest the seat for the Karaikudi Constituency in the Ramanathapuram district. There were others who had filed their nomination papers but they withdrew before the due date. Polling took place on 1-3-1957. The four candidates obtained votes as under :

1. Sri M. A. Muthiah Chettiar 24,223

2. " Sa. Ganesan 23,365

3. " R. M. Subbiah 2,348

4. " U. P. L. Venkatachalam Chettiar 1,171

Muthiah Chettiar having secured the largest number of votes was declared duly elected on 5-3-1957. Sa. Ganesan filed an election petition before the Election Commission on 15-4-1957 and it was referred to the Election Tribunal at Madurai for trial. Muthiah Chettiar was the sole respondent and the prayer was for an order declaring the election of the returned candidate, M. A. Muthiah Chettiar to be void. The petitioner alleged that by reason of the respondent being disqualified for being chosen to fill a seat in the Madras Legislative Assem