M VENKATARAMAIAH Vs. CHIEF ELECTION COMMISSIONER BANGALORE

JUDGEMENT

(1.) The petitioner is one of the candidates seeking election as a member of the Zilla Panchayath, Bangalore Urban District from Constituency bearing No. 6 Hesaraghatta. He prays issuance of mandamus directing the respondents not to hold re-poll or fresh elections on 26-3-1995 for No. 6 Hesaraghatta Constituency and to declare that he is the duly elected candidate from the said Constituency.

(2.) The calendar of dates for election was announced on 18-2-1995 for all the polling stations of No. 6 Hesaraghatta Zilla Panchayath Constituency. The polling was held and the counting of votes was completed on 19-3-1995. The petitioner obtained 18 votes more than the rival candidate. Recount was ordered on 19-3-1995 and was done on 20-3-1995 and it was found that the petitioner polled 18 votes more than the nearest rival candidate. The result of the elections was not announced and on the request of the Returning Officer, the first respondent felt that there was a discrepancy, which in the opinion of the Commissioner, would vitiate the result of the poll and it was felt that an opportunity should be given to the candidates affected to make their representations, if any, with reference to the report of the Returning Officer on 22r3-1995. The Commissioner considered the reports of the Returning Officer and representations and directed that, a fresh poll should be held in all the polling stations in the said Constituency which is under challenge.

(3.) The learned counsel for the petitioner submits that by virtue of the Notification dated 22nd March, 1995 issued by the First Respondent-State Election Commissioner, a fresh poll was ordered in all the polling stations of No. 6 Hesaraghatta Zilla Panchayath Constituency, Bangalore Urban District on 26-3-1995 between 8-00 A.M. and 5-00 P.M. 'and that the said order is illegal.