JUDGMENT

Leave granted.

2. The Pradhan of Sullia Mandal panchayat in the State of Karnataka elected under Karnataka Zilla Parishad, Taluk Panchayat Samithi Mandal Panchayats and Nyaya Panchayats 1983 Act for short the Act by 17 elected and 2 nominated members of the Samithi had resigned. In consequence the election for Pradhan was to be held on May, 27, 1992 as per the K.Z.P.T.P.S.. M.P. & N.P. (Conduct of Election ) Amendment Rules, 1987 for Short the rules. One Jayaprakash Rai. 5th respondent herein had filed Writ Petition No. 16150/92 on May 25, 1992 and obtained interim ex parte stay from the High Court on May 26, 1992 preventing two nominated members, by name, Babu Mogeral and Devu Ajila from voting on the ground that their nominations on August 13, 1990 from backward class quota was illegal under Section 5 (3) of the Act and Rule 2(2) of the Rules. Due to interim order passed by the High Court, the two members were restrained from participating and to exercise their franchise in the election in which 4th respondent herein, namely. K.C. Sadananda and the appellant had contested and the former was declared elected with a majority of one vote. It is the case of the appellant that