CHANDRAPPA Vs. TAHSILDAR JAMKHANDI
LAWS(KAR)-1970-11-4
HIGH COURT OF KARNATAKA
Decided on November 03,1970

CHANDRAPPA Appellant
VERSUS
TAHSILDAR, JAMKHANDI Respondents


Cited Judgements :-

H L SURYAPRABHU VS. DEPUTY COMMISSIONER ELECTION OFFICER [LAWS(KAR)-1985-9-39] [REFERRED TO]


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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