G. Krishna Mohan Reddy, J.

In this appeal assailed order dated 28-11-2011 passed in E.O.P.No.638 of 2010 (O.P.) on the file of the Court of Chief Judge-cum-Election Tribunal, City Civil Courts, Hyderabad (for short ‘Tribunal’).

2. The appellant herein is the fourth respondent, the first respondent herein is the petitioner and the respondents 2 to 11 herein are the remaining respondents in the O.P. For the sake of convenience, we refer the parties as arrayed in the O.P.

3. The petitioner filed the O.P. under Sections 71 to 87 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘GHMC Act’) read with Andhra Pradesh Municipal Corporation (Conduct of Election of Members) Rules, 2005 (for short ‘the Rules’) seeking to declare the election of the fourth respondent as Member of Ward No.69, Langer House, Greater Hyderabad Municipal Corporation (for short ‘the Ward’) as void and consequently to set aside it, and to declare the fourth respondent as not entitled to continue in that post and further to declare the petitioner to have been duly elected as the Member of that Ward under Section 21-B of the GHMC Act.

4. Election notification for conducting elections to the Greater Hyderabad Municipal Corporation (GHMC) 2009 was issued by the State Election Commission vide Election Notification No.1107/SEC/F1/2009-1, dated 28-10-2009. The petitioner and the respondents 4 to 11 contested the election. In the election the fourth respondent secured 5069 votes while the petitioner secured 4862 votes whereas the other respondents secured far lesser number of votes. Consequently the fourth respondent was declared as the elected candidate i.e., as the Ward Member.

5. In this context it is pleaded and alleged against the fourth respondent as follows: He begot three children namely B. Uday born on 13-11-1995, B. Sai Pranay born on 25-09-1997 and Rohith born on 19-04-2000 by reason of which he was barred to contest the election under Section 21-B of the GHMC Act. But suppressing that fact, he filed his nomination papers. The residential address at the time of birth of the said children was given as 9-1-333 or 9-1-333/F/21, Hyderabad which represents the actual house address of the fourth respondent. It is also pleaded that all the three children of the fourth respondent are studying in New Horizon School at 9-1-365/1, Lakshmareddy Complex, Sangam Road, Langer House, Hyderabad in the records of which also their respective dates of birth were given accordingly. It is also specifically pleaded that the petitioner will take appropriate steps to summon relevant records from concerned authorities at appropriate time to prove his claim. Hence it is pleaded that the election of the fourth respondent should be declared as void and set aside and the petitioner be declared as the elected candidate for the post as he secured the second highest number of votes in the election.

6. The respondents 1, 2 and 5 to 11 remained exparte.

7. The third respondent filed counter pleading that the fourth respondent submitted declaration in Form-B that he was having only two children. As no objection was raised at the time of scrutiny, the fourth respondent was qualified to contest the election. It is pleaded that he is not aware personally whether the fourth respondent got three children when he filed his declaration. It is also denied by him that in fact the fourth respondent got three children by the relevant date. He put the petitioner to strict proof of the averments made in the petition.

8. The fourth respondent filed counter specifically denying the pleas taken by the petitioner. According to him he got only two children when he submitted the declaration. He also claimed that the election process was done as per the relevant Rules and norms as framed under law whereas as he secured the highest number of votes, he was elected for the post and had been discharging his duties. Therefore, he pleaded to dismiss the O.P.

9. For the petitioner he got himsel