SHIV PERSHAD Vs. GANESH SINGH

JUDGEMENT

(1.) This miscellaneous appeal arises out of the order of Election Tribunal, Municipal Corporation, dated 13th July, 1966, made in E. P. No. 3 of 1964, whereby the Election Petition filed by the appellant herein under Section 71 of the Hyderabad Municipal Corporation Act, 1956, for declaring the election of 1st respondent in Constituency No 35 as void has been dismissed with costs.

(2.) The appellant claimed that he was one of the candidates for Single Member Constituency No. 35. Dhoolpet. Municipal Corporation, City of Hyderabad, along with the 1st and 2nd respondents The election was held on 28/06/1964, the counting was done on the next day and the result of election declared on 2 9/06/1964 The contesting parties received the following valid votes: Petitioner: 1084 1st Respondent: 1124 2nd Respondent: 827

(3.) The appellant lost by a narrow mar gin as it was discovered at the stage of counting that the Returning Officer rejected 394 votes for the petitioner 132 for the 1st respondent and 213 for the 2nd respondent at Polling Booth 35/3 as invalid under Rule 51 of the Hyderabad Municipal Corporation Elections and Election Petitions Rules. 1956 (hereinafter railed the Rules) This was on the ground that they did not bear the official mark (distinguishing marks) in accordance with the directions given by the Government under Rule 24. It was brought to the notice of the Returning Officer that this omission was due to negligence on the part of the Pre-siding Officer and the party should not be penalised on that account. The Returning Officer refused to accept this contention and declared that the 1st respondent was a successful candidate having obtained the highest number of valid votes.