Case Note & Summary
The judgment arises from two appeals (M.F.A.No.3888/2014 and M.F.A.No.3889/2014) filed under Section 27 of the Karnataka Municipalities Act, 1964, against the order dated 25.04.2014 passed by the I Additional Senior Civil Judge, Mangalore, in Election Petition Nos.1/2013 and 2/2013 respectively. The appellants, Sri Bazil D'Souza and Usman Kallasu, were candidates in the elections to the Ullal Town Municipality from Ward No.24 and Ward No.26 respectively. The respondents, including Sri Anil Kumar and Sri Dinakar Ullal, filed election petitions challenging the election of the appellants on grounds of corrupt practices and violation of the Model Code of Conduct. The trial court allowed the election petitions and set aside the elections of the appellants. Aggrieved, the appellants filed the present appeals. The High Court, after hearing the parties, dismissed the appeals, upholding the trial court's findings. The court held that the evidence on record clearly established that the appellants had indulged in corrupt practices and violated the Model Code of Conduct, which vitiated their elections. The court further held that the trial court had correctly appreciated the evidence and that there was no perversity in its findings. The appeals were dismissed with no order as to costs.
Headnote
A) Election Law - Municipal Elections - Corrupt Practices - Section 27 of Karnataka Municipalities Act, 1964 - The court considered whether the election of the appellants was vitiated due to corrupt practices and violation of the Model Code of Conduct. The trial court had allowed the election petitions and set aside the elections. The High Court upheld the findings, holding that the evidence on record established corrupt practices and non-compliance with election rules. (Paras 1-5) B) Election Law - Election Petition - Standard of Proof - The court examined the standard of proof required in election petitions. It held that the allegations of corrupt practices must be proved by clear and cogent evidence. The trial court's appreciation of evidence was found to be proper and not perverse. (Paras 2-4) C) Election Law - Model Code of Conduct - Violation - The court noted that the Model Code of Conduct was violated by the appellants, which amounted to a corrupt practice under the Act. The High Court affirmed that such violation justified the setting aside of the election. (Paras 3-5)
Issue of Consideration
Whether the election of the appellants was rightly set aside by the trial court on grounds of corrupt practices and violation of the Model Code of Conduct under the Karnataka Municipalities Act, 1964.
Final Decision
Both appeals are dismissed. The order dated 25.04.2014 passed by the I Additional Senior Civil Judge, Mangalore, in Election Petition Nos.1/2013 and 2/2013 is upheld. No order as to costs.
Law Points
- Election law
- Municipal elections
- Corrupt practices
- Model Code of Conduct
- Karnataka Municipalities Act
- 1964
- Section 27
- Election petition
- Setting aside election
