Judgment

S.B. Sinha, J.-Leave granted.

2. Application of ‘Hare System’ in Municipal Election is the question involved in this appeal which arises out of a common judgment and order dated 30.09.2003 passed by the High Court of Uttaranchal at Nainital in A.O. No. 196 of 2003.

Background Facts :

3. An election was held for the post of Adhyaksha, Zila Panchayat Champawat situated in the State of Uttaranchal. The appellant, the first respondent and one Bhagirath Bhatt contested therefor. The appellant got six first preference votes; whereas the first respondent got five first preference votes and the said Bhagirath Bhatt received one. Upon elimination of Bhagirath Bhatt, the appellant and the first respondent obtained six votes each. The election was held on the basis of proportionate representation purported to be by means of a single transferable vote by ballot.

4. 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 contesting candidates received equal votes as also on the ground that none of them secured the quota which was said to be mandatory in nature.

5. An election petition questioning the said decisi