JUDGEMENT

SHARMA, J.- This appeal under Section 116-A of the Representation of the People Act, 1951, is directed against the decision of the Karnataka High Court setting aside the election of the appellant D.B. Raju to the State Legislative Council, and directing the recount of the votes after excluding those of 242 nominated members. The election was held by adopting the single transferable vote method. The polling took place on July 3, 1988 and the counting was taken up on the next date, that is, July 4, 1988. After several rounds of counting the appellant was declared as the successful candidate.

2. The election in question relates to the Chitradurga Local Authorities Constituency, comprising 121 Mandal Panchayats. The last date and time fixed for receiving nomination papers was 3.00 p.m. on June 3, 1988. According to the appellants case, a decision was taken by the Chitradurga Zilla Parishad in its special meeting held on May 28, 1988 to nominate two members from each Mandal Panchayat, that is, a total number of 242 members. Accordingly, steps were taken under the provisions of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 19