JUDGEMENT
-
(1.)The six petitioners are elected members of the Bellary Municipal
Council. Petitioners 1, 2 and 5 were contestants for election to the position
of both the President and the Vice-President of the Council. Respondents
3 to 8 are also elected members of the same Municipal Council. Out
of them, respondents 3, 4 and 5 were contestants for the President's position
and respondents 7 and 8 for that of the Vice-President.
(2.)Under the calendar of events issued by the Election Officer dated
14/8/1970, the election was scheduled to be held on 29/8/1970. The writ
petition was filed on 26/8/1970 praying for the issue of a writ in the nature
of prohibition prohibiting respondent 2, the Election Officer from proceeding
with the election. When the writ petition was taken up for preliminary
orders on 27th August, the contesting respondents took notice through
Counsel, and the following interim order was passed on the 28th:
"The election proposed to be held on 29/8/1970 will proceed. But
the result of the election shall not be published pending disposal of
this writ petition. It shall abide the final orders in this WP........."
(3.)On the 29th September 1970, the petitioners filed I.A. No.1 for
permission to add another prayer, namely, that Rule 7(1) of the Mysore
Municipalities (President and Vice-President) Election Rules, be struck
down
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.