VADDE NAGESWARA RAO Vs. GOTTIPATI ANANDARAO

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India for the issue of a writ of certiorari to quash the decision of the Election Commissioner, Bapatla, in O.P. No. 71 of 1952. The facts which have given rise to this writ may be stated. The petitioner and the 1st respondent were the contestants at an election of the Chairman of the Chirala Municipality which was held on 29th November, 1952. The 1st respondent obtained 9 votes as against 13 votes secured by the petitioner and the Revenue Divisional Officer who conducted the election, declared the petitioner to have been duly elected.

(2.) The 1st respondent filed O.P. No. 71 of 1952, alleging inter alia several irregularities in the conduct of the election including an objection that the balk t-papeis which, were supplied to the voters for the purpose of the poll did not bear the "official stamp" as prescribed by rule IV (3) of the rules for the conduct of election of Chairmen and Vice-Chairmen of Municipal Councils. All the other irregularities complained of were held not proved but the Election Commissioner held that the ballot-papers did not have the " official stamp " as required by the rules and that therefore they ought to be rejected. In the result, he allowed the petition, filed by the 1st respondent and declared that the election of the petitioner as Chairman of the Chirala Municipality is void. He directed that a fresh election should take place. It is this order of the Election Commissioner that is sought to be quashed in this Writ Petition.

(3.) Before I proceed to consider the respective contentions of the parties, the relevant rules which govern the conduct of the election of Chairmen and Vice Chairmen of Municipal Councils may be set out : Rule IV, sub-rule (3) provides :