Judgment

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 firs constituency, in the State of Mysore.

2. The calendar of events for the said election was as follows:

Notification of election ... 6-2-1960

Date by which candidates has to file nomination papers ... 16-3-1960

Date of scrutiny of nomination papers ... 18-3-1960

Poll ... 13-4-1960

Declaration of result ... 14-4-1960

The appellant and five others filed their nomination papers within the prescribed date. The polling took place on the schedules date, namely, April 13, 1960.

The candidates secured votes as mentioned under:

Appellant ...169 votes

Respondent 2 ...158 votes

Respondent 1 ...128 votes

Respondent 3 ...115 votes

Respondent 4 ... 38 votes

Respondent 5 ... 46 votes

The appellant and respondent 2 were duly declared elected to the Panchayat.

3. Respondent 1 filed an election petition under S. 13 of the Mysore Village Panchayats and Local Boards Act, 1959 (Mysore Act No. 10 of 1959), hereinafter called the Act in the Court of the Second Munsiff, Bangalore, for a declaration that the appellant was not duly elected and for a further declar