AIR 1937 MADRAS 660

Madras High Court

Hon'ble Judge(s): Mockett, Lakshmana Rao , JJ

(A) Government of India Act (1935) , Sch.5 Para.20— Rules under - Madras Legislative Assembly Electoral (Election and Election Petitions) Rules (1936), R. 29 Proviso and R. 103 - Candidate elected under R. 29 Proviso - District Magistrate has no power to declare his election void under R. 103 -Person whose election is so declared void is prima facie entitled to writ of certiorari from High Court quashing that order. When once a person has attained the status of a member of the Legislative Assembly, he cannot be deprived of it by means of a formal election petition and that procedure which is so carefully elaborated in the Rules contained in the Government of India (Provincial Elections) (Corrupt Practices and Election Petitions) Order (1936) have application to a member of the scheduled caste elected according to Madras Legislative Assembly Electoral Rules (1936) as much as to anyone else.(Para 663C2 664C1) Hence, where a candidate is once declared elected .under Proviso to R. 29, Madras Legislative Assembly Electoral Rules, to the seat reserved for the scheduled caste in the Legislative Assembly, the District Magistrate has no power under R. 103 to declare such an election void. And the candidate, whose election is so declared void by a tribunal having no jurisdiction to do so, is prima facie entitled to a....