NAGARATNA Vs. ELECTION OFFICER JADKAL GRAM PANCHAYATH

JUDGEMENT

(1.) THE petitioner has challenged the judgment and order dt. 18-2-2006 passed by the II Addl. Civil Judge (Jr. Dn.) and JMFC, kundapura, declaring the election of the petitioner as void and that the Respondent No. 2 is duly elected candidate in the Panchayath elections held on 27-2-2005.

(2.) THE facts relevant for the purpose of this petition are as under : the elections to Mudur Grama Panchayath were held on 27-2-2005. There were four wards within the limits of the Grama panchayath and out of which, Ward No. II was reserved for General Category (Woman ). The petitioner and the Respondent No. 2 were the rival contestants.

(3.) AFTER the elections, the counting of votes was held on 1-3-2005 and the results were certified in Form No. 36 under Rule 74 (2) (c)of the Karnataka Panchayath Raj (Conduct of election) Rules, 1993 (hereinafter called as "the Rules') and the petitioner before this court having secured 359 votes was declared elected from Ward No. II, whereas the Respondent No. 2 is said to have secured 328 votes and was declared defeated.