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Judgment
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 Col. 3 of the voting paper.
I do not see how this can be other than a question of fact in which under Rule 12 of the Rules for decision of disputes the Judge''s order is final : vide M. Appaya Goundar v. Dawood Sahib [1927] M.W.N. 842. The petition must therefore be dismissed with costs.
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.