S N LOKESHWARAPPA @ S N LOKESH Vs. FAROOQULLA

JUDGEMENT

(1.) Petitioner and respondents 1 to 4 herein had contested election for the post of Member of Chitradurga Taluk Agricultural Produce Market Committee (for short, 'APMC' from Agriculturists Constituency of Manangi Village. In the election held on 01.05.2011, petitioner was declared elected having secured 974 votes defeating his close rival - the 1st respondent herein who had secured 671 votes. Result of the election was declared on 3.5.2011. The 1st respondent challenged this election by filing an Election Petition on 23.5.2011 before the I Addl. Civil Judge (Sr. Dn.), Chitradurga. The learned Civil Judge allowed the election petition and declared that the election of the petitioner herein was void as he being a licensed trader was not eligible to contest the election from the agriculturists constituency. In addition, a further declaration was given declaring that the 1st respondent herein/election petitioner was duly elected as Member of the APMC from Manangi Agriculturists Constituency.

(2.) This order was challenged by the petitioner before the Addl. District and Sessions Judge, Chitradurga, in M.A. No. 10/2013. The learned District Judge has dismissed the appeal confirming the order passed by the Civil Judge. In this background, the present writ petition is filed by the petitioner.

(3.) The main contentions urged by the learned Counsel for the petitioner are: