REENA JANARDHANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal filed under Section 38 of the Karnataka Municipal corporations Act, 1976 (for short, the 'act'), is directed against the judgment dated 17-4-2003 passed in E. P. No. 37 of 2001 on the file of the vi Additional City Civil Judge, Bangalore City (CCH 11), Bangalore (for short, the 'trial Court' ). By the impugned judgment, the Trial Court has allowed the petition filed by Smt. Nagarathna, 4th respondent herein, under Section 33 of the Act declaring that the declaration of the appellant herein as elected from ward No. 73 as Councillor of the bangalore Mahanagara-Palike (BMP) on 12-11-2001 and published in the Official Gazette on 17-11-2001 as null and void and setting aside the same.

(2.) THE facts of the case, in brief, are as follows: the Karnataka State Government notified the elections to 100 Wards within the limits of BMP for electing Corporators. The election was held on 11-11-2001, votes were counted on 12-11-2001 and the results were declared on the same day. The result of the election was published in the official Gazette on 17-11-2001 as required under the provisions of the act. The appellant contested the election for Ward No. 73 i. e. , Airport constituency as Indian National Congress Party candidate. The 4th respondent also contested the election for Ward No. 73 as Bharathiya janatha Party (BJP) candidate. The appellant was elected as a corporator for Ward No. 73.

(3.) THE 4th respondent filed Election Petition No. 37 of 2001 in the trial Court assailing the election of the appellant on the ground that the appellant had only attained the age of 19 years as on the date of filing her nomination/election.