(1.) THE following Judgment of the court was delivered by ;
(2.) THIS appeal by special leave arises out of a dispute in respect of the election to the Panchayat of Byappanahalli, from its first constituency, in the State of Mysore.
(3.) THE learned Munsiff held on the second point that the appellant was ordinarily a resident of the said village and was, therefore, qualified to be included in the electoral roll of the Panchayat, but he came to the conclusion that his name was not included in the authenticated list of voters of the said Panchayat. On that finding, he set aside the election of the appellant and declared the first respondent, who <PG>460</PG> secured the next highest number of votes, to have been duly elected in his place.