SHANKARAPPA Vs. SHARANAPPA

JUDGEMENT

(1.) THIS appeal is filed under Section 27 of the Karnataka Municipalities Act, 1964, challenging an order made by the learned civil judge, gadag, who acts as election tribunal under the act.

(2.) IN a petition filed under Section 21 of the Act, the first respondent sought for re-scrutiny and recounting of all the votes polled and to declare the election of the appellant as void and that he be declared as duly elected to ward No. 7 of the city municipal council, gadag-betageri. Elections to the said municipal council was held on 7-1-1996. When the votes were counted, in the first round the first respondent was declared to have been elected, though it is not clear from what margin. There was some evidence to the effect that he was won by two votes. An application for recounting was made by the appellant and on recounting the appellant and first respondent secured equal number of votes and when lots were drawn thereon under the relevant rules with the consent of the parties, the appellant was declared to have been elected. Thereafter, the first respondent filed an election petition. He raised several grounds, including that the returning officer had rejected several votes cast in his favour while he counted many invalid votes cast in favour of the appellant and also that the ballot papers which were received by post were not taken into account except one. Ultimately, the petition for recount came to be allowed by an order made on 17-12-1996. Hence this appeal.

(3.) SRI rayareddy, learned Advocate for the appellant submitted that the main basis of the first respondent filing the election petition was that the ballots which had been received by post had not been taken into account and in this regard evidence was very clear that only one ballot had been received and that had been taken into account. Therefore, there was hardly any basis for the learned civil judge acting as election tribunal to have passed the impugned order. He also submitted that no other material was placed before the tribunal to show that there was any invalid rejection of votes or improper acceptance of votes.