RAMACHANDRA REDDY Vs. THIMMAIAH

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India seeking to quash the order of the Election Tribunal dated 18th August, 1965 in O.P. No. 16 of 1964 under the Andhra Pradesh Gram Panchayats Act, 1964 (II of 1964), hereinafter to be referred to as the Act, by which the iaid Election Tribuna (District Munsif, Kurnool) set aside the election of the petitioner herein as a member of the Inagandla Gram Panchayat.

(2.) The facts relevant to this petition are these : The petitioner (Ramachandra Reddy) and the 1st Respondent (Thimmaiah) contested at an election for the membership of the Inagandla Gram Panchayat, Kurnool Taluk, from constituency No. 6. The election was held on 2nd June, 1964. The total number of votes polled at that election was 65, out of which two were declared invalid and one was a tendered voce. The petitioner's symbol was a ' Bell' and the 1st Respondent's symbol was a 'clock'. The Election Officer declared the petitioner elected as the petitioner and the 1st respondent secured 31 votes each and he added the tendered vote to the petitioner's votes. The 1st respondent filed an election petition under rules 49 and 51 of the Rules framed under the Act questioning the election of the petitioner and seeking a declaration tha,t the petitioner's election to the membership of the Panchayat Board was void and also praying that he (the petitioner before the Tribunal-the 1st Respondent herein) be declared elected to the said Panchayat.

(3.) The Election Tribunal set aside the election of the petitioner and granted the prayer of the 1st Respondent. That is the order now impugned in this petition. It would appear from the order of the Election Tribunal that it rejected the tendered voce, Exhibit X-2 and another ballot paper, Exhibit X-1 on the ground that it did not contain the necessary marking but that it contained some thumb mark.