Hence this appeal.
BACKGROUND FACTS An election was held for the post of Adhyaksha, Zila Panchayat Champawat situated in the State of Uttaranchal.
Upon elimination of Bhagirath Bhatt, the appellant and the first respondent obtained six votes each.
Aggrieved by and dissatisfied therewith, an appeal was filed thereagainst by the Respondent herein before the High Court of Uttaranchal at Nainital which by reason of the impugned judgment has been allowed.
An election petition questioning the said decision was filed before the District Judge, Champawat, which was allowed.
By reason of an order dated 24.5.2003, the Returning Officer declared the said office to be vacant on the purported ground that both the companytesting candidates received equal votes as also on the ground that numbere of them secured the quota which was said to be mandatory in nature.
The appellant got six first preference votes whereas the first respondent got five first preference votes and the said Bhagirath Bhatt received one.
The election was held on the basis of proportionate representation purported to be by means of a single transferable vote by ballot.
Application of Hare System in Municipal Election is the question involved in this appeal which arises out of a companymon judgment and order dated 30.09.2003 passed by the High Court of Uttaranchal at Nainital in A.O. No.
196 of 2003.
S.L.P. CIVIL NO.
19748/2003 B. SINHA, J Leave granted.
The appellant, the first respondent and one Bhagirath Bhatt companytested therefor.
