JUDGMENT

Jackson, J.

1. 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.