A. N. AJAYKUMAR Vs. ELECTION OFFICER

JUDGEMENT

(1.) The petitioner is aggrieved of the impugned judgment dtd. 16/9/2022 passed by the learned Principal Senior Civil Judge & JMFC, Gubbi (Election Tribunal for short), in Election Petition No.1/2021.

(2.) The private respondents herein participated in the elections of the Gram Panchayat of Shivanehalli constituency of Hosakere Gram Panchayat. There were 19 posts of the members of the Gram Panchayat. The petitioner had contested in the General category. Amongst the General category, when the results were declared, it was declared that the petitioner obtained 296 votes, while the second respondent Sri Nataraju obtained 295 votes. The petitioner was declared the winning candidate. Being dissatisfied with the declaration of results, the second respondent filed an Election petition before the Election Tribunal. The prayer made by the second respondent in the Election Petition was to declare the election held to the Gram Panchayat in Block No.V, Shivanehalli constituency of Hosakere Gram Panchayat, as void and to declare that the petitioner therein as the returned candidate, after recounting of votes. A prayer was also made to direct the Election Officer to produce all the ballot papers and other documents for verification and for recounting. The Election Petition was allowed and the results declared by the Returning Officer were held to be void and illegal. Consequently, the second respondent herein was declared the elected candidate for the Shivanehalli constituency in the General category. Aggrieved the petitioner has come before this Court.

(3.) Learned Counsel for the petitioner had submitted during the course of these proceedings that although the second respondent herein had sought for recounting of votes and thereafter to declare the election petitioner as the returned candidate, nevertheless, the Tribunal allowed the election petition and declared the election petitioner as the returned candidate, even without any recounting. It was also submitted that the ballot papers were not produced before the Tribunal, although there were a direction. Having accepted the submissions made at the bar, this Court by order dtd. 26/6/2023 directed that the Tahsildar, Gubbi Taluk, shall take the assistance of the Election Commission and hold the recounting on 6/7/2023 in the presence of the petitioner and all the contestants. The Tahsildar was directed to submit a report regarding the number of votes cast in favour of each of the candidates and to show the number of votes held in respect of each of the candidates and to submit the results in a sealed cover. Accordingly, a sealed cover was submitted by the Tahsildar on 12/7/2023. On opening of the sealed cover, this Court found that the petitioner had obtained 300 votes, while respondent No.2 had secured 295 votes. However, learned Counsel for respondent No.2 had submitted that earlier the Returning Officer had said that there were four invalid votes and however, nothing is said regarding the invalid votes. It was also pointed that one of the candidates i.e., S.S.Jagadeesh-respondent No.4 herein had earlier secured 54 votes and now it is seen that only 50 votes were polled in favour of S.S.Jagadeesh. The Tahsildar, Gubbi Taluk, was therefore directed to file an affidavit in this regard.