JUDGEMENT
NARAYANNA PAI, CJ. -
(1.)These six writ petitions raise questions relating to the efficacy or validity
of the action taken, by the State Government pursuant to the proviso
appended to sub-section (11) of S 42 of the Mysore Municipalities Act,
1964.
(2.)Writ Petitions Nos.1943 and 1944 are by the President and
Vice-President respectively of the Municipal Council of Shimoga. The
Council itself was constituted by a general election held in May 1969. Thr
President and the Vice-President were elected on 10-6-1969. On 3rd July,
1969 the Council unanimously adopted a resolution consenting to the term
of office of the President and Vice-President being limited to a period of
one year. On the strength of the same, the State Government issued a direction
on 26-9-1969 in the light of the proviso, namely, that the term of the
office of the President and Vice-President, Shimoga Municipal Council,
shall be limited to one year and that election therefor shall be held every
year. In May 1970 steps were taken for holding a re-election to the positions
of the President and Vice-President at a meeting proposed to be held
on 21-5-1970. It is at that stage that the two petitioners approached this
Court with these writ petitions and obtained on 20-5-1970 an order staying
the holding of the election.
(3.)WP.No.2582 of 1970 is by the President of the Srirangapatna
Municipal Council. He was elected President on 23-1-1969. On 15-12-1969,
the Council adopted unanimously a resolution under or pursuant to the
proviso appended to sub-sec. (11) of S.42 of the Act on the strength of
which the State Government issued appropriate directions on 20-3-1970.
On 1-7-1970, the Deputy Commissioner of Mandya District, passed orders
appointing the Tahsildar of Srirangapatna to perform the functions of the
President of the Municipal Council as well as an election officer for
holding fresh election to the position of the President. Thereupon, the petitioner
came to this Court with this writ petition and obtained an order
admitting the writ petition and also staying the operation of the said two
orders of the Deputy Commissioner. On 2-9-1970, the interim order was
vacated upon the report that the Tahsildar had already taken charge to
perform the functions of the President on 3-7-1970. On a subsequent application,
an order was made on 18-9-1970 staying the holding of an election.
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