S BJAVAREGOWDA Vs. LAKKIGOWDA

JUDGEMENT

(1.) The appellant before us was the respondent in Miscellaneous Case No. 54 of 1956 on the file of the Subordinate Judge, Mysore, who tried this case as Election Commissioner under Section 20 of the Mysore Town Municipalities Act, 1551 (Act XXII of 1951). The said petition was filed by the respondents who claimed to be persons qualified to vote at the election held on 8-3-1956 to the Saligrama Town Municipality. The respondent in that petition and the appellant herein was declared elected to the VIIth Division of the said Municipality. The election was duly notified in the Mysore Gazette on 10-5-1956.

(2.) The validity of the election of the appellant was challenged on as many as 7 grounds. The learned Election Commissioner rejected 6 out of the 7 grounds urged but set aside the election on the ground that the appellant was riot duly qualified to be a voter and as such could not validly offer himself as a candidate m the said election. The appellant questions the correctness of this decision. From the arguments advanced in the course of the hearing three points emerge for consideration:

(3.) The appellant contends before us that the findings of the Commissioner are not sufficient to hold that he did not possess the residential qualification required by Section 12(2) of the Act to be enrolled as a voter in Exhibit P-6. Section 12(2) of the Act is as follows: