Judgment

B. K. MUKHERJEA, J.

This appeal is directed against a judgment of a Division Bench of the Mysore High Court, dated the 14th January 1954 by which the learned Judges granted an application, presented by the respondent No. I under Article 226 of the Constitution, and directed a writ of certiorari to issue quashing the proceedings and order of the Election Tribunal, Shimoga dated the 15th January 1953 in Shimoga Election Case No. 1 of 1952-53.

2. The facts material for purposes of this appeal may be briefly narrated as follows. The appellant and respondent No. 1 as well as eight other persons, who figured as respondent 2 to 9 in the proceeding before the High Court, were duly nominated candidates for election to the Mysore Legislative Assembly from Tarikere Constituency at the general election of that State held in January 1952. Five of these nominated candidates withdrew their candidature within the prescribed period and the actual contest at the election was between the remaining five candidates including the appellant and respondent No.1.

The polling took place on the 4th January 1952 and the votes were counted on the 26th of January following. As a result of the counting th