dissenting: I cannot agree with the court’s construction of K.S.A. 1985 Supp. 25-1436(c) to permit any registered voter to “contest the determination of the result of any question submitted election at which such voter had the right to vote” (K.S.A. 25-1435) by challenging the constitutionality of the statute (K.S.A. 1985 Supp. 25-431 et seq.) pursuant to which the election was submitted to the voters.
This was not the legislative intent when it specified the *416grounds upon which a voter could contest the determination of the result of the election.
The statutory ground asserted by the plaintiff herein is specified in K.S.A. 1985 Supp. 25-1436(c) which reads:
“[IJllegal votes were received or legal votes were rejected which could change the result of the election.” (Emphasis added.)
The construction of the statute as the court has construed it will permit any voter to contest the constitutionality of election statutes and place an intolerable burden on the courts. It will also delay the effective administration of government by the litigation procedures required to resolve the issue.
The rule to be applied in this case is that a private person, merely by being a citizen and taxpayer, has no standing to maintain an action against a public body, unless he alleges and proves that he has or will suffer damages different in kind from that of the public generally. Linker v. Unified School District # 259, Wichita, Kansas, 344 F. Supp.. 1187, 1195 (D. Kan. 1972).
It is respectfully submitted the appeal should be dismissed on the ground that the taxpayer has no standing to maintain this action.