High CourtsSingle Bench(1929) 04 MAD CK 0015

Rekapallai Mallikharjuna Rao Naidu vs Pillarisetti Butchi Venkataras Naidu

Madras High Court · Decided on 11 April 1929 · Citation: 121 Ind. Cas. 32

HON’BLE JUDGES
Jackson, J

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Judgment

7 paragraphs · 155 words

Jackson, J.—Mr. T.M. Krishnaswami Iyer has narrowed the discussion of this petition to one point, whether the learned Judge was justified

in holding to be valid ballot paper 252 which contains a cross in col. 2 instead of in cot 3 of the voting paper.

2.

I do not see how this can be other than a question of fact on which, under Rule 12 of the Rules for Decision of Disputes, the Judge''s order is

final. [Vide M. Abboya Goundar v. Sheik Dawood Sahib (1927) M.W.N. 842]. The petition must, therefore, be dismissed with costs.

3.

I may remark, however, that the voting paper is not as clear as it might be. The heading of col. 3 is ""The mark should show the pleasure of the

voter."" Why ""not put a mark here after the name of the candidate you choose."" In the hurry of an election everything cannot be left to oral

instruction.