KOSURI RAMAKOTIAH Vs. JAMMU BAPANAIAH AND ANOTHER

JUDGEMENT

(1.) This is an application for the issue of a writ of Certiorari to quash the order of the Election Commissioner, Gudivada, in O.P. No. 18 of 1953.

(2.) Under the powers vested in him, the President of the Panchayat Board of Jujjavaram, a village in Gudivada taluk of the Krishna District, convened a meeting of the Panchayat on 15-5-1953 for the election of the Vice-President. The petitioner and the 1st respondent were the contestants at the said election. Their names were duly proposed and seconded and a ballot was arranged and taken. All the members present and the President exercised their vote. The votes were counted by the President and the petitioner was declared elected, he having secured three votes as against two votes secured by the 1st respondent.

(3.) The 1st respondent thereupon filed O.P. No. 18 of 1953 on the file of the Election Commissioner, Gudivada, under the rules framed under Section 112 (2) (i) of the Madras Village Panchayats Act for setting aside the election of the petitioner as Vice-President. The chief ground on which the election of the petitioner was sought to be set aside was That the procedure adopted by the President by himself taking part in the voting was illegal and has prejudiced the election, that but for his vote there would have been equality of votes between the petitioner and the respondent and that under the rules only the members are entitled to vote but not the president.