LAWS(KAR)-1999-5-6

GOWRAMMA Vs. M P MOULAMMA

Decided On May 28, 1999
GOWRAMMA Appellant
V/S
M.P.MOULAMMA Respondents

JUDGEMENT

(1.) THE present appeal has been filed under Section 352 of the Karnataka Municipalities Act, 1964 (in short, the 'act') against the order dated 4-3-1998 passed by the election tribunal declaring the election of the present appellant as councillor from ward No. 3 of the town panchayat committee, tekkalakota, bellary sub-division, as void.

(2.) THE undisputed facts may be noticed at the threshold. The state government, pursuant to the powers conferred under Section 13 of the Act, by gazette notification No. Hud 313 mlr 95, dated 25-11-1996 (ex. D. 2), divided the town panchayat at tekkalakota into 19 wards. annexure-1 to the notification contains the territorial jurisdiction of each of the said wards. Subsequently, the deputy commissioner, bellary, published voters list dated 15-12-1995 (ex. P. 14), according to which there were 754 voters in ward No. 3 of the town panchayat in question. Thereafter, the returning officer published notice of election dated 15-12-1995 (ex. P. 2) according to which the last date for receipt of nomination was fixed as 22-12-1995 and the pell was to be held on 7-1-1996. This notice was published in terms of Rule 8 (3) of the Karnataka municipalities (election of councillors) rules, 1977 (in short, the 'rules' ).

(3.) PURSUANT to the above notice of election, the appellant herein and Smt. M. p. moulamma (1st respondent), Smt. Rasool bi (6th respondent) and Smt. Khairun bi (7th respondent) had filed their nominations but the appellant herein was declared as elected having secured highest votes. However, the 1st respondent herein challenged the election of the appellant by presenting petition before the election tribunal under Section 21 of the act inter alia, on the ground that the returning officer had altered the voters list after filing of the nomination papers in order to favour the appellant in contravention of the statutory Provisions and the law laid down by this court in this regard, which has materially affected the election of the present appellant. The tribunal on the basis of the evidence adduced in the present case, accepted the plea of the 1st respondent and declared the election of the appellant as void.