M C GANGEGOWDA Vs. K B GURUMALLAYYA

JUDGEMENT

(1.) This is a petition filed under Articles 226 and 227 of the Constitution of India calling in question the correctness and validity of an order made in Election Misc. No. 8/87 on the file of the Munsiff at Arasikere,

(2.) The facts leading to this petition are as follows : The petitioner and respondents 1,3 and 4 contested an election held on 20th of January, 1987. The petitioner was declared to have been elected having secured the highest number of votes in the said election. That election was called in question by filing a petition under Section 14 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (hereinafter referred to as the 'Act'), Thebasis on which that petition was filed was that the petitioner was holding an office of profit in Kalyadi Copper Mines, which is a unit of Hatti Gold Mining Company Ltd., which is a public-sector undertaking of the State Government and he had incurred the disqualification as provided under Section 11(1)(j) of the Act. The 1st respondent also claimed in the petition for a declaration that if the petitioner is disqualified from being chosen as a member of the Panchayat his election was void and he be declared as a duly elected candidate in the election.

(3.) Two questions as under fell forconsideration in the said petitional- though several issues have been raised in the case: