( 1 ) THIS appeal arises out of an election petition filed to set aside the election for 50th Division of Visakhapatnam Municipal Corporation.

( 2 ) THE essential averments may be stated: The appellant is 1st respondent in O P 1/1981 on the file of the Election Tribunal, Municipal Corporation of Visakhapatnam. The notification dated 3-8-1981 for elections to the Visakhapatnam Municipal Corporation was issued pursuant to Act 9 of 1979 constituting Visakhapatnam municipality as a Corporation. On the basis of the said notification the special Officier published the calender of election events on 4-8-1981 notifying that the nominations should be filed between 4-8-1981 to 10-8-1981 and the date for scrutiny of nominations was fixed on 11-8-1981 and the date of polling was scheduled on 27-8-1631. Kondamuri Swarnalatha (petitioner in the Election Petition ). Smt. Vijaya Kari (1st respondent in the election Petition) and Smt. Devaki pasupuleti (2nd respondent) filed nominations for 50th Division. The 1st respondent filed the nomination on 7-8 1981 stating her age as 19 years in accordance with the age entered in electoral roll. The Returning Officer returned the nomination on