The case of the first respondent, as disclosed in his petition, was, that on the date, fixed for filing of numberinations the appellants name was number in the authenticated list of voters published under r. 3, cl.
Respondent 1 filed an election petition under s.13 of the Mysore Village Panchayats and Local Boards Act, 1959 Mysore Act No.
It was his further case that the appellant was number ordinarily a resident of Byappanahalli and, therefore, he was disqualified from standing for the election from that companystituency.
On that finding, he set aside the election of the appellant and declared the first respondent, who secured the next highest number of votes, to have been duly elected in his place.
Hence the appeal.
Appeal by special leave from the judgment and order dated August 2, 1961, of the Mysore High Court in Writ Petition No.
The candidates secured votes as mentioned under Appellant 169 votes Respondent 2 158 votes Respondent 1 128 votes Respondent 3115 votes Respondent 438 votes Respondent 546 votes The appellant and respondent 2 were duly declared elected to the Panchayat.
233 of 1962.
10 of 1959 hereinafter called the Act, in the Court, of the Second Munsiff, Bangalore, for a declaration, that the appellant was number duly elected and for a further declaration that the first respondent was duly elected.
The polling took place on the scheduled date, namely April 13, 1960.
814 of 1961.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The calendar of events for the saidelection was as follows Notification of election.6 2 1960 Date by which candidates had to file numberination papers.16 3 1960 Date of the scrutiny of numberina tion papers18 3 1960 Poll13.4 1960 Peolaration of result14.4 1960 The appellant and five others filed their numberination papers within the prescribed date.
Vendantiengar and S. N. Andley, for the appellant.
The Judgment of the Court was delivered by SUBBA RAO, J. This appeal by special leave arises out of a dispute in respect of the election to the Panchayat of Byappanahalli, from its first companystituency, in the State of Mysore.
The respondents did number appear.
July 30.
The Secretary of the Panchayat shall maintain in the prescribed manner a list of voters for each Panchayat companystituency.
