BAZIL DSOUZA Vs. ANIL KUMAR AND ORS.

JUDGEMENT

(1.) M.F.A. No. 3888/2014 arises out of the order dated 25.04.2014 passed by the I Additional Senior Civil Judge, Mangalore. The court below has allowed the Election Petition filed by the 1st respondent herein under Sec. 21 of the Karnataka Municipalities Act, 1964 (for short, 'the Act') read with Rule 69 of the Karnataka Municipalities (Election of Councilors) Rules, 1977 (for short, 'the Rules') and has declared the election petitioner as duly elected Councilor of Ward No. 24 of Ullal constituency, Mangalore Taluk.

(2.) In M.F.A. No. 3889/2014, appellant challenges a similar order dated 25.04.2014 passed by the I Additional Senior Civil Judge, Mangalore, declaring the action of the Returning Officer in passing the order dated 25.02.2013 accepting the nomination of the appellant as void and for a further declaration that the election petitioner - respondent herein was duly elected as Councilor of Ward No. 26 of Ullala Constituency of Mangalore Taluk.

(3.) Facts leading to these appeals and the legal questions raised are similar. Indeed, as common arguments are advanced in both the cases and common questions have been raised in these two cases, these appeals are clubbed, heard together and are disposed of by this common judgment.