R PANDURANGAIAH Vs. B GURAVAIAH

JUDGEMENT

(1.) This petition is for the issue of writ of Certiorari calling for the records in 0. P. No. 55 of 1981 on the file of the Subordinate Judge, Markapur, Prakasam district and quash the order passed therein.

(2.) The essential averments in the affidavit in support of the writ petition may be stated : The petitioner and the first respondent filed nominations for 13th Block poll for the Municipal Council, Markapur and the election was held on 9-8-1981. The petitioner was declared as elected with a majority of 18 votes. The voters list of the Assembly constituency was adopted for the purpose of election to the Municipal council. The voters list was published far in advance before the election was held. The 1st respondent filed 0. P. 55 of 1981 before the Court of the Subordinate Judge, Markapur questioning the validity of the election The Subordinate Judge passed an order for recounting of votes after deleting four votes stated to be double voting and the votes of persons under 18 years

(3.) the voters list of the Assembly constituency, in so far as it relates to the Markapur Municipality was adopted under Sec. 11 of the A.P. Municipalities Act. In the election held for 13th block of Markapur Municipality on 9-8-1981, the votes were counted on 10 8-1981 and the petitioner polled 596 votes and the 1st respondent polled 578 valid votes and the petitioner was declared elected with a majority of 18 votes. After considering the evidence the Court below held that there have been instances of double voting and unjust invalidation of votes and exercise of franchise by persons under 18 years of age and these materially affected the election and the result and in this view ordered recount of votes deleting the double votes and the votes of persons under 18 years.