NARAYAN DEVARU BHAT Vs. CHANDRAKANTA SAIRU KOCHAREKAR

JUDGEMENT

(1.) This is a writ petition presented under Articles 226 and 227 of the Constitution of India presumably challenging the correctness and legality of the order passed by the Principal Munsiff, Honavar in Election Petition No. 5/1987. The impugned order is dated 10th day of December 1987.

(2.) The facts that led to the election petition may be briefly stated and they are as follows:- Petitioner-Narayana Devaru Bhat was a contestant for the membership of Hiregundi mandal panchayat along with few others. Respondent-1 Chandrakanta Sairu Kocharekar, Venkatesha Chunda Gouda, Subbayya Narayan Gowda, Istan v Shanta Dias and 5 others were also candidates who filed their nominations for election held in the year 1987 to the said Mandal Panchayat. At the election Chandrakanta Sairu Kocharekar-1st respondent was declared elected by a margin of 4 votes securing more than that of the petitioner- Narayan Devaru Bhat. Aggrieved by the declaration of the result he questioned the legality of the results in the election petition filed under Section 14 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1982. (hereinafter referred to as the 'Act').

(3.) The language of the section makes it imperative that election to the Mandal panchayat shall not be called in question except in the manner provided under section 14 of the Act. Section 15 provides for the contents of the petition and the relief that may be claimed. Section 16 deals with the trial of election petition. Section 17 speaks of the decision to be rendered by the Munsiff at the conclusion of the trial. Section 18 provides for the grounds for declaring election to void. A further reference will be made to this latter sections in the light of the arguments advanced by the learned Counsel for the petitioner.