IN

ELECTION

PETITION

NO.1/2021 DATED 16.08.2022 PASSED BY THE ELECTION

TRIBUNAL BEING THE III ADDL DISTRICT AND SESSIONS

JUDGE AT KALABURAGI.

IN MFA NO. 202002 OF 2022

PRIYANKA W/O. AMBRISH

AGE 22 YEARS

OCC: HOUSEHOLD

R/O. H.NO.4-1906

SARAF BAZAR ROAD

NEAR ANANDI AMBABAI TEMPLE

OLD BHOWI GALLI

MAKTAMPUR, KALABURAGI - 585 101

(BY SRI. GANESH S.KALABURAGI, ADVOCATE)

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R/O. H.NO. 6-510, JAMAT KHANA

MADHURI W/O.SHIVAJI

AGED MAJOR

OCC. NIL, R/O. E/6/11277, H.NO.B-666

WARD NO.24 AND MUNICIPAL CORPORATION

KALABURAGI

(MAHANAGARA PALIKE KALABURAGI )

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(BY SRI.LIYAQAT FAREED USTAD, ADVOCATE FOR R1;

SRI. RAVI B.PATIL, ADVOCATE FOR R4

SRI. SHIVASHARMA REDDY, ADVOCATE FOR R5;

RESPONDENT NO.3 SERVED)

SET ASIDE THE JUDGMENT AND DECREE IN ELECTION

PETITION NO.1/2021 DATED 16.08.2022 PASSED BY THE

ELECTION TRIBUNAL BEING THE III ADDL DISTRICT AND

SESSIONS JUDGE AT KALABURAGI AND ETC.,

THESE

APPEALS,

COMING

ON

FOR

DICTATING

JUDGMENT, THIS DAY, THE COURT DELIVERED THE

FOLLOWING:

JUDGMENT

MFA No.202002/2022 is filed by a returned candidate

namely Smt. Priyanka at an election to the post of Councilor

of Kalaburagi Municipal Corporation, Kalaburagi, challenging

the order dated 16.08.2022 passed by the III Additional

District and Sessions Judge, at Kalaburagi in Election Petition

No.1/2021 by which, her election was set aside.

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MFA No.201854/2022 is filed by one of the

defeated candidates at the aforesaid election, for setting

aside the order passed in the aforesaid Election Petition.

A notification dated 11.08.2021 was issued by

the Election Commissioner notifying the election to the post

of Councilors of the Municipal Corporation, Kalaburagi. There

were six candidates who had filed their nominations and who

were found to be eligible to contest in respect of the Ward

bearing No.24.

A candidate named Mrs. Priyanka was sponsored

by the Bharatiya Janatha Party, four other candidates were

sponsored by other National Political Parties, while the sixth

was an independent candidate. The elections were held on

03.09.2021 and the results were declared on 06.09.2021.

The aforesaid candidate Mrs.Priyanka had secured 1587

votes, while Mrs. Syeda Noor Fatima Zaidi had secured 1027

votes,

Mrs.

Aliya

Shireen

had

secured

594

votes,

Mrs. Madhuri had secured 271 votes, Mrs. Heena Urooz had

secured 47 votes, while Mrs.Gousiya Begum had secured 36

votes. Mrs. Priyanka was declared as a returned candidate in

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terms of the notification which was published in the

Karnataka Gazette dated 23.09.2021.

Later, after the election notification was issued,

an election petition was filed in E.P.No.1/2021 under Section

33 of the Karnataka Municipal Corporation Act, 1976 for the

following reliefs:

"1)

Set aside the election of respondent No.1

from Ward No.24 of Karnataka Municipality

Corporation, Kalaburagi;

2)

Declare the election of Mrs. Priyanka as

Councilor

from

Ward

No.24

of

Karnataka

Municipality Corporation, Kalaburagi as void;

3)

Declare that Mrs. Syeda Noor Fatima Zaidi is

duly elected as Councilor of Ward No.24 of

Municipality

Corporation,

Kalaburagi

having

secured second highest votes."

It was alleged that the said Mrs. Priyanka, had

declared her age as 20 years at page No.3 of her nomination

and also in the affidavit, which was part of the nomination,

but when it was submitted on 24.08.2021, she had declared

her age as 21 years. Though, an objection was raised before

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the Returning Officer, at the time of scrutiny, he did not

consider it,