Koppula Subbiah v. Thammana Manikyam And Another

1. K. Subbiah, the petitioner here, was declared to be elected as a Municipal Council for of Ellore as having got 196 votes at the election against 195 for T. Manillyam, respondent 1. On an election petition presented by T. Mauikyam the District Judge found that the result of the election had been materially affected by the improper rejection of 16 ballet papers, which, if accepted, would have left each of these candidates with 205 votes. Whether the District Judge's finding that the 16 ballot papers were improperly rejected was right or wrong, he arrived at that finding by interpreting Rr. 14, 15 and 17 of the rules for the conduct of Elections of Municipal Councilors. I find no defect in his jurisdiction to interpret those rules as he has done, nor any illegality nor material irregularity in his procedure. On his findings his order that a new election should be held was within his jurisdiction. The petition is dismissed. The petitioner will pay respondent I's costs in this Court. Respondent 2 will bear his own costs in this Court.

2. Petition dismissed.