G K KEMPE GOWDA Vs. M H BORIAH

JUDGEMENT

(1.) In the 1972 General Elections, Respondents 1, 2 and 3 were the contesting candidates from ihe Mandya Assembly Constituency (No. 100) to the Mysore State Legislative Assembly. The poll took place en 9-3-1972. The scriutiny and the counting of the votes was on 11 12-3-1972 from about 3 P.M. to 2-30 A.M. in the Court Hall of the Deputy Commissioner, Mandya. The Ramming Officer (4lh Kesipondent) declared the 1st respondent Sri M. H. Boriah as the successful candidate, he having secured 28,552 votes, and his closest rival the 2nd respondent K. V. Shankare Gowda having secured 23.405 votes--there thus being a thin difference of only 147 votes. The 3rd respondent secured a meagre 953 votes.

(2.) In the Hall, where the counting took place, there were 15 counting tables. Sri G. K. Kempe Gowda was the Counting Agent of the 2nd respondent at Table No.13. He has filed this Election Petition. 'Ihe reliefs claimed are -that this Court may be pleased to direct inspection and scrutiny of the ballot papers and declare the election of the 1st respondent as void; and further declare that the 2nd respondent has been duly elected.

(3.) All the four respondents filed their written statements. The 2nd rtspondent supported the petition. Respondents 1, 3 and 4 opposed it.