JUDGMENT :

1. This appeal is filed under the provisions of section 38 of the Karnataka Municipal Corporations Act, 1976 (for short, ‘the KMC Act’) calling in question the judgment dated 16.04.2019 in Election Petition No. 4/2018 on the file of the Principal District and Sessions Judge, Mysuru (for short, ‘the trial Court’). The trial Court by the impugned judgment dated 16.0 4.2090 has rejected the appellant’s Election Petition in No. 4/2018 calling in question the fourth respondent’s election to the Ward No. 36 – Yeragenahalli, Mysuru City Corporation in the elections held in the month of August 2019.

2. The elections to the Mysuru City Corporation were held in the month of August 2018. The Ward No. 36 – Yeragenahalli, Mysuru city Corporation was reserved for Backward Class B (Women). In terms of the notification issued by the Government of Karnataka in the year 1995, no person coming within the Backward Class B category would be entitled to the benefit of reservation in the seats and offices of Mayor/Deputy Mayor of City Corporations if:

(i) He/she or either of his/her parents/ Guardian /his or her spouse is a Class I or Class – II Officer in the service of the Government or holds