Curgenven, J.

1. These petitions arise out of an election held on 27th August 1928, to fill three vacancies in the 3rd Ward of the Wallajah Municipality. The election was conducted by the Chairman and the result, so far as it concerns us, stood as follows:

Votes.

1. T.K. Ratnavelu Chetti ... 170 Elected.

2. M. Lakshmana Iyer ... 127 "

3. K.S. Mallappa Chettiar ... 123 "

4. S. Rajam Iyyar ... 116 "

5. P. Venkataswami Naidu ... 109 "

2. Accordingly 1, 2 and 3 were declared elected. An election petition (O.P. 11 of 28) was then filed by S. Rajam Ayyar (No. 4) in the Subordinate Judges Court, Vellore, alleging that the Chairman had shown undue partiality, that he had counted votes in favour of the successful candidates which ought to have been rejected, that he employed an inadequate staff, that the results were announced without checking or verification, and that if there had been Subsequent check the petitioner and other candidates who had failed would have been elected. This petition was filed on 3rd September, and on 24th October, before the hearing had commenced, the petitioner applied for a recount (I.A. No. 699 of 28). This was granted, and the recount was carried out by a Commi