INDIRABAI Vs. YESHWANTRAO ANNARAO

JUDGEMENT

(1.) This Is a petition under Art. 226 of the Constitution The petitioners were candidates at the election held on 9-3-1968 to the Town Panchavat of Indi. They were declared to have been duly elected on 14-3-68 in so far as constituency No.1 is concerned and on 15-3-1968 in so far as constituency Nos.2 to 5 are Concerned. The first respondent filed an election petition under S.13 of the Mysore Village Panchavats and Local Boards Act. 1959, challenging the validity of the election of the present petitioners on two grounds, (i) the distribution of seats for wards 3 and 5 was not in compliance with the provisions of the Act. and (ii) the reservation of seats made for women was not in conformity with the circular order issued bv the Government on 28-10-1967. This petition was opposed bv the present petitioners The learned Munsiff upheld both the contentions of the petitioner Allowed the petition and declared the election of all the respondents to that petition as void. He accordingly set aside the election and directed the Deputy Commissioner. Biiapur. to take necessary steps for holding of fresh election to all the wards of the Town Panchayat of Indi.

(2.) The petitioners have attacked the validity of the finding's recorded by the Munsiff on both the points. Mr. Datar appearing for the petitioners contended that the learned Munsiff had taken a wholly erroneous view of the law and had set aside the election on wrong exposition' of the legal position.

(3.) As regards the first contention relating to the distribution of seats, Mr.Datar drew our attention to S.5(4) of the Act which provides for the determination of ratio of seats with reference to the population. That subsection reads :