SANGAPPA VEERAPPA ANGADI Vs. FAKIRAPPA TIPPANNA HUDED

JUDGEMENT

(1.) This is a petition under Arts.226 and 227 of the Constitution for quashing an order of the Munsiff at Savanur in an election petition under S.13 of the Mysore Village Panchayats and Local Boards Act, 1959, (hereinafter referred to as the Act).

(2.) In the election of the members of the Village Parichayat of Jekinkatti held in the year 1968, the petitioner and respondent 3 herein were declared as elected from Ward No.2 of that Panchayat. The election of the petitioner was challenged by respondents 1 and 2 herein by a petition under S.13(1) of the Act before the Munsiff on the ground that he was disqualified for being chosen as a member of the Panchayat as he was in arrears of tax both on the date when he presented his nomination paper and on the date he was declared as duly elected.

(3.) After recording the evidence, the learned Munsiff held that the petitioner herein was in arrears of tax on the date when he filed his nominaion paper as well as on the date on which he was declared as elected, and that hence was disqualified under Clause (ii) of sub-sec. (2) of S.11 of the Act for being chosen as, and for being, a member of the Panchayat. In that view, the learned Munsiff set aside the election of the petitioner. therein and declared respondent 1 herein as being duly elected as member of the Panchayat. .