VIMALAVVA ALIAS VINODAVVA Vs. YELLAVVA

JUDGEMENT

(1.) THIS Revision Petition is filed challenging the orders of the Trial court in Election Petition No. 1/2000 on the file of the Additional civil Judge (Jr. Dn.) and II Additional J. M. F. C. , Ranebennur dated 10. 10. 2002.

(2.) THE petitioner herein is the successful candidate in the Gram panchayath election of Kamadod, which was held on 27/2/2000. There were two seats to be elected in the village of Ennihosalli, one from general and another from S. T. group reserved for woman. The contesting candidate (opposition) ie. , petitioner before the Trial court and Respondent Nos. 4 and 5 represented reserved seat for woman in S. T. group. In the election, the petitioner before this Court was declared as successful candidate. Aggrieved by the same Smt. Yellava the 1st respondent herein filed the election petition contending that both herself and the petitioner hereunder got 206 votes, one extra vote given to the petitioner herein was an invalid vote and the concerned authorities were wrong in taking into consideration such vote. The other ground of challenge was that there was corrupt practice as contemplated under sub-section (3)of Section 22 of sub-section 3 of the Karnataka Panchayath Raj act, as the petitioner hereunder used the National Symbol i. e. , the ballot paper- Ex. P-3 contained the pictures of national party leaders and also national party symbol. Evidence was let in only by the 1st respondent herein. Three documents were marked.

(3.) ON perusal of the entire records, it is noticed that the petitioner hereunder did not lead any evidence on her behalf. However, the learned Judge accepted both contentions of the petitioner before the Trial Court and allowed the petition, setting aside the election of the petitioner herein to the membership of ennehosalli village of Kamadod Gram Panchayath. Aggrieved by the same the present Revision Petition is filed.