HAYAT BEIG Vs. MUNIVENKATE GOWDA

JUDGEMENT

(1.) This writ petition is directed against the order of the Munsiff at Kolar made in Election Misc. No.68 of 19G8 dt.31-7-1969 by which the election of the petitioner as Chairman of the Village Panchayat of Chinnasndra in Chintamani Taluk of Kclar Dist. was set aside on the ground that his nomination paper was presented by himself and not by his proposer as lequired by Rule 5 of the Mysore Village Panchayat (Election of Chairman and Vice-Chairman) Rules, 1959, hereinafter called the 'Rules'.

(2.) For the election held on 18-6-1938 for the office of the Chairman of the Village Panchayat, the petitioner and the first respondent were the contesting candidates. At the time of enquiry of the nomination papers, the 1st respondent raised an objection to the nomination of the petitioner that his nomination paper was not protected by the proper as required by Rule 5. The said objection was over-ruled by the 2nd respondent and the nomination was accepted. The petitioner having secured more votes than the 1st respondent he was declared duly elected as Chairman of the Panchayat. Thereupon, the 1st respondent filed EP.No.63 of 1969 before the Munsiff, Kolar who upheld the objection that Rule 5 had not been complied with and therefore he set aside the election and directed fresh election. Aggrieved by the said order, the petitioner has approached this Court for relief under Arts 226 and 227 of the Constitution of India Sri S.K.Venkataranga Iyengar, the learned Counsel for the petitions sought our leave to raise a new ground not raised in the affidavit filed in support of the writ petition Since the question raised is a pure question of law, we granted him the leave prayed for. We also adjourned the matter to enable the Counsel for the respondents to make their submissions and then the case was heard.

(3.) The new ground urged by Sri S.K .Vnkataranga Iyengar is that there is no provision either in the Act or the Rules stating the grounds on which the election of the Chairman or the Vice-Chairman of a Village Panchayat can be set aside in an election petition and that in the absence of such a provision, the Munsiff could not have set aside the election of the petitioner on the ground of non-compliance with the provisions of Rule 5.