ABDUL RAVOOF SAB Vs. T NKEMPAHONNIAH

JUDGEMENT

(1.) The appellant and Respondents 1 and 2 contested the Municipal Elections for Division No. I, Tum-kur Town, held in February 1956 under the Mysore Town Municipalities Act, 1951. Respondent 1 filed an Election Petition under Section 20 of the Act challenging the Appellant's election on the ground that an unauthorised symbol different from that, assigned to the Appellant had been attached to the ballot box of the Appellant and that the use of that symbol had materially affected the result of the election. His contention was that the symbol assigned, to the Appellant was a pair of bullocks which is one of the symbols authorised under R. 28, but the symbol actually used on the. Appellant's ballot box was a pair of bullocks with a yoke and that as the latter symbol is associated with the Indian National Congress as an election symbol for legislative elections, its use resulted in enabling the appellant to obtain the majority of votes that he did. The learned Civil Judge, Tumkur, accepted this contention of Respondent' 1, set aside the Appellant's election and ordered that a fresh election be held for the Division.

(2.) In this appeal the Appellant has urged that the symbol actually used on the ballot box fulfilled the description of a pair of bullocks, that no material error was committed by the Returning Officer in affixing such a symbol to the Appellant's ballot box and that it had not been established that the election had not been materially affected by this factor in the sense that the Appellant had obtained a numerical superiority of votes in consequence of it.

(3.) The learned Civil Judge has found that a pair of bullocks with a yoke was used as a symbol for the candidates of the Congress Party in the legislative elections held about 4 years prior to the Municipal Election in question. In his view the yoke featured in the symbol affixed to the ballot box made a material difference in the character of the symbol. He also held that the association of the symbol, a pair of bullocks with a yoke, with the Congress party as a symbol for the legislative elections influenced the voters in the. Municipal Elections in a sufficient measure materially to affect the results of the election.