H D THAMMAIAH Vs. C C MADHU

JUDGEMENT

(1.) Challenging the judgment dated 07. 10. 2016 in Election Petition 2/2013, on the file of 1st Addl. Senior Civil Judge, Chickmagaluru, the 3rd respondent in the said petition has preferred this appeal. The election petition was instituted by the 1st respondent in this appeal.

(2.) Briefly stated the material facts are that elections to City Municipality, Chickmagaluru was held on 07. 03. 2013 and in the said election, the appellant, respondents No. 1, 4 and 5 contested from Ward No. 2 of Chickmagaluru City. The 2nd and 3rd respondents in this appeal are the Returning Officer and the City Municipality respectively.

(3.) The counting of votes was held on 11. 0 201 The 1st respondent stated that after counting was over, the Returning Officer declared him that he had won in the election and took his signature on papers to that effect. But little later, the Returning Officer declared the appellant as the successful candidate. When the 1st respondent questioned the Returning Officer, it was brought to his notice that the postal votes were received belatedly, and those votes went in favour of the appellant and therefore he was declared as the successful candidate in the election. The 1st respondent alleged that the Returning Officer favoured the appellant as there was collusion between them. Immediately the 1st respondent demanded the Returning Officer to furnish the details of the number of votes polled by him and the appellant and this was not considered by Returning Officer. With these allegations the 1st respondent sought recounting of votes, declaration of the appellant as the returned candidate as null and void and further declaration that he was the returned candidate from Ward No. 2 of Chickmagaluru City.