PRADEEP Vs. NARASIMHEGOWDA

JUDGEMENT

(1.) This appeal is filed under Sec. 27 of the Karnataka Municipalities Act, 1964 by the appellant-Election Petitioner before the Court below, challenging the judgment dtd. 16/1/2024 passed by the Prl.Sr.Civil Judge and JMFC, Srirangapatna in Election Petition No.1/2019.

(2.) The appellant had sought to declare the election of first respondent who was elected as counselor of Ward No.20 of Srirangapatna Town Municipality as null and void. The petition having been dismissed by the trial Court primarily on procedural grounds, the appellant has approached this Court by way of the present appeal.

(3.) Undisputed facts of the case reveal that, the Municipal Elections to the Srirangapatna Town were held on 29/5/2019. The appellant had contested from Ward No.20 on a Ticket of the Indian National Congress whereas, the first respondent contested on behalf of the Janata Dal (Secular). The counting of the votes was concluded on 31/5/2019 and the first respondent was declared elected having secured 603 votes, when the appellant polled 395 votes. Being aggrieved by the said election of respondent no.1, the appellant filed election petition seeking to nullify the election result by contending that, the nomination of the first respondent was liable to be rejected due to suppression of material facts, and that, his election was vitiated by corrupt practice as defined under the KM, Act, 1964.