VENKATAPPA Vs. SSUBBA RAO

JUDGEMENT

(1.) This is an appeal filed under Section 20(2) of the Mysore Town Municipalities Act of 1951 against the order passed by the Election Commissioner, Chikmagalur in Election Mis. (old No. 24/56) New No. 13 of 1956 on his file, setting aside the election of the appellant as a Municipal Councillor from the sixth Division of the Town Municipal Council, Chikmagalur held on 27-2-1956 and directing fresh election to be held in the said Division.

(2.) The undisputed facts are as follows: The appellant and the first respondent Subba Rao are the residents of Chikmagatur Town and they are the voters in the 6th Division for the Municipal Council. The appellant, the first respondent, another person by name Kappanna and some others filed their nomination papers for the election to be held on 27-2-1956 to the Municipal Council from the 6th Division of Chikmagalur Town. At the time of the scrutiny, of the nomination papers by the Returning Officer, Sri Kappanna raised an objection to the candidature of the first respondent Subba Rao. He urged that the first respondent was dis-qualified for being chosen as a member of the Municipal Council as he was holding an office of profit under the Government being a licensed Stamp Vendor. The Returning Officer upheld that objection and rejected the nomination paper of the first respondent. The first respondent preferred an appeal under Rule 26(b) of the Rules framed by the Government of "Mysore under the Mysore Town Municipalities Act of 1951 to the Deputv Commissioner of Chikmagalur District. The learned Deputy Commissioner, who heard the parties, upheld the decision of the Returning Officer and rejected the appeal filed by the first respondent. Subsequently Kappanna withdrew his notice of candidature within the time allowed for withdrawal and the elections were held on 27-2-1956. The present appellant was declared elected having secured the highest number of votes. The first respondent Subba Rao then presented an election petition under Section 20 of the Mysore Town Municipalities Act to the court of the Civil Judge and Election Commissioner, Chikmagalur. Sub-sequently an application was made by ten of the voters of the sixth Division for being impleaded as parties and they were also added as respondents. The appellant opposed the petition on various grounds. The first respondent examined himself and closed the case. The learned Election Commissioner came to the conclusion that the first respondent had not incurred any disqualification under Section 14 of the Mysore Town Municipalities Act and the rejection of his nomination paper by the Returning Officer was improper and that the same had materially affected the result of the election and therefore set aside the election and ordered fresh election to be held for the Sixth Division of Chikmagalur Town. It is against this decision that the present appeal is preferred by the appellant.

(3.) Four points arise for consideration in this appeal and they are: