M. NARAYANAPPA S/O MARIYAPPA Vs. THE RETURNING OFFICER DISTRICT WATERSHED DEVELOPMENT OFFICER DEPT. OF WATER SHED DEVELOPMENT AND OTHERS

JUDGEMENT

(1.) THE Petitioner has called into question, the order, dated 01.04.2010 passed by the Court of the II Addl. District and Sessions Judge, Mysore in Election Petition No. 7/2007.

(2.) THE facts of the case in brief are that the Petitioner is elected as the Corporator of the Mysore City Corporation, Ward No. 41 in the election held on 28.10.2007, The said ward was reserved for a person belonging to the Scheduled Tribe. The Respondent No. 9 challenged the Petitioner's election contending that he does not belong to the Scheduled Tribe. The Election Tribunal/District Judge set aside the Petitioner's election. Aggrieved by the same, this petition is instituted.

(3.) HE further submits that the Petitioner has already filed an appeal against the Tahsildar's order withdrawing the caste certificate. The appeal is pending consideration before the Assistant Commissioner.