M B MANJUNATH Vs. DEPUTY COMMISSIONER, SHIMOGA

JUDGEMENT

(1.) THE petitioner and the fifth respondent contested for Sunnadakoppa constituency to elect the Director to Shikaripur APMC. Pursuant to the calendar of events, the polling was held on 25.04.2011. THE counting was commenced on 27.04.2011. THE third respondent before commencing the counting, opened the ballot boxes. In the ballot boxes pertaining to Kadenandihalli polling booth, it was found that there were 15 ballot papers pertaining to Kortagere constituency. This fact was apprised by the third respondent to 5th respondent who has consented and requested the third respondent to proceed with the counting ignoring the said irregularity and requested that 15 ballot papers should be kept separately and it should not be counted. THE third respondent with the consent of both the contestants, proceeded with the counting.

(2.) IT is the contention of the petitioner that in the process of counting when 1022 ballot papers were counted, the petitioner was leading by about 600 votes. There were still about 500 ballot papers to be counted. The 5th respondent at that stage, submitted an application to the third respondent to hold fresh polling in view of the irregularities noticed. The third respondent considered the objections filed by the 5th respondent and has passed the order at Annexure-F for re-poll in the entire constituency. The petitioner aggrieved by the said order at Annexure-F, has filed this writ petition.

(3.) THE provisions of Rules 34(2) and 35(1) to (4) of the Rules are extracted herein which are relevant for consideration in this case.