RAMA ANANT HONARVARKAR Vs. ANIL RAGHUVIR KUBAL

JUDGEMENT

(1.) THIS is a Petition which is filed under Articles 226 and 227 of the Constitution of India by the Petitioner whose Election from the Ward No.3 of Mormugao Municipal Council, held on 15th October, 2000, was declared as void by the Judgment dated 25th September, 2001, passed by the Civil Judge, Senior Division at Vaso da Gama in Election Petition No. 1/2001/A. The brief facts necessary for the decision of this Petition are set out hereunder :

(2.) MR . Sudin Usgaonkar , the learned Advocate appearing for the Petitioner, has urged before me that no alternate remedy by way of an Appeal is available to the Petitioner for challenging the Judgment of the learned Civil Judge, Senior Division, Vasco da Gama , rendered in the aforesaid Election Petition. He has also submitted before me that the learned Civil Judge, Senior Division, Vasco da Gama , did not take into consideration that even after recounting the actual votes polled by Respondent No.1 were less than the votes polled by the present Petitioner and, therefore, the mistake in counting the votes did not materially affect the Election. It may incidentally be stated that the Petitioner in the present Petition had polled 442 votes.

(3.) MR . Usgaonkar , the learned Advocate appearing for the Petitioner has invited my attention to the Judgment of the Supreme Court in the matter of Bashir Ahmad Magrey v. Ghulam Quadir Mir and others reported in (1977) 1 SCC 285 . In this case, the Supreme Court has held;