H.B.SHAMITHKUMAR Vs. A.M.SOMANNA

JUDGEMENT

(1.) The petitioner, Mr. H. B. Shamith Kumar, has challenged the legality of the order, dated 06.02.2017, passed by the learned Senior Civil Judge and C.J.M, Chamarajanagar, whereby the learned Election Tribunal has allowed the Election Petition filed by the respondent No.1, Mr. A. M. Somanna, and has set-aside petitioner's election and declared the respondent No.1 as duly elected as the President of Venkataiahna Chathra Grama Panchyath as on 03.07.2015.

(2.) Briefly the facts of the case are that the election to the 'Venkataiahna Chatra Gram Panchayath' was held on

(3.) 07.2015. Both the petitioner and the respondent No.1, Mr. A. M. Somanna, were duly elected to the said panchayath. Subsequently, both the petitioner and respondent No.1 had filed their nominations for the post of President of the said Panchayath. The election for the post of President was conducted on 03.07.2015. According to the petitioner, the respondent No.1 had secured ten votes, whereas the petitioner had secured eleven votes out of twenty-one valid votes, cast by the members of the said Gram Panchayath. Therefore, the Returning Officer declared the petitioner as successful candidate to the office of the President of the said Gram Panchayath. However, being aggrieved by the petitioner's election to the post of President the respondent No.1 filed an Election Petition before the learned Tribunal. 3. In order to establish his case, the respondent No.1 examined two witnesses, and submitted twenty-two documents. The petitioner examined himself as witness, and submitted a single document. After going through the oral and documentary evidence, by order dated 06.02.2017, the learned Election Tribunal allowed the said petition, set side the election of the petitioner, and declared respondent No.1 as having won the election to the post of President. Hence, this petition before this Court.