SHIVARAM Vs. KASHIRAYA DEVANAGOUDA PATIL

JUDGEMENT

(1.) In an election held on 4-8-1983 for Chairmanship of Agricultural Produce Marketing Committee (hereinafter referred to as 'APMC'), Bijapur, petitioner and first respondent were contestants; second respondent-Tahsildar, Bijapur was the Returning Officer. Petitioner secured 8 votes, whereas first respondent secured 7 votes. But on objection raised by first respondent, one of the ballot papers marked in favour of petitioner was rejected on the ground that marking is not with instrument provided, but with a ball pen. Resultant position was, both secured 7 each and luck having favoured first respondent in lots drawn, he was declared elected.

(2.) Election Petition No. 1 of 1983 filed by petitioner challenging the validity of declaration of result of election has been dismissed by learned District Judge, Bijapur holding rejection as valid. It is the validity of an order, dated 6-8-1984 passed by the District Judge dismissing election petition as well as declaration of result of election by second respondent that are challenged in this Writ Petition.

(3.) Section 41 of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (hereinafter referred to as the 'Act') provides machinery for conduct of election of Chairman and Vice-Chairman of APMC. Amended Sub-section 2A provides mode of conduct of election and it reads thus :-