T H SANGAPPA Vs. T R SRINIVASAMURTHY

JUDGEMENT

(1.) This is an appeal from the order of Venkatesh, J., allowing WP No. 17773 of 1980. Respondent-5 therein has presented this appeal. For the sake of convenience the parties will hereinafter be referred to according to their respective positions in the writ petition.

(2.) The petitioner and respondents 2, 3 and 5 had filed their nomination papers in the election for the office of the President of the Town Municipal Council, Tarikere. Respondent-1, the Election Officer, accepted all those nomination papers. Before the poll took pla,ce, the petitioner impugned the acceptance of the nomination paper of Respondent-5 on the ground that the same person who had secqnded the nomination of respon- dent-5 had already proposed the candidature of the petitioner. This fact was not disputed by the parties.

(3.) The learned single Judge held that under Sub-rule (4) of R. 4 of the Karnataka Municipalities (President and Vice-President) Election Rules, 1965 (hereinafter referred to as the Rules) the person who had proposed the candidature of the petitioner, could not have seconded the nomination of respondent- 5 and that therefore the acceptance of nomination paper of respondent-5 was invalid. In that view, the learned single Judge quashed the acceptance of the nomination paper of respondent-5 and issued a mandamus to the Election Officer to treat only the nomination papers of the petitioner and respondents 2 and 3 as valid and to hold the election accordingly.