SHRIKANT LAXMAN GHOTNEKAR Vs. DEPUTY COMMISSIONER UTTARA KANNADA

JUDGEMENT

(1.) This Writ Appeal is directed against Order dated 31.08.2010 made in W.P. No. 66167-68/2010 by the Learned Single Judge of this Court.

(2.) Learned Counsel for the Appellants submits that Appellants are the elected members of Town Panchayath, Haliyal, belonging to Congress party. Election to the post of President and Vice-President was fixed on 25.08.2010. In the meantime, one Sri. Abdullaziz Jangubai, a member of the Congress party was kidnapped by opposition. Therefore, a complaint was filed with the police and also filed habeas corpus petition in WP (HC) No. 514/2010. The Petitioner filed Writ Petitions for postponement of election on the ground that Sri. Abdullaziz Jangubai is missing. But Learned Single Judge dismissed the Writ Petitions on the ground that the Tahsildar would conduct elections in accordance with law within 10 days as directed by Deputy Commissioner. He submits that the Appellants herein wanted postponement of the election to the post of President and Vice-President of Haliyal Town Panchayath on the ground that one of the elected member Sri. Abullaziz Jangubai has been kidnapped, but Learned Single Judge did not consider the ground urged by the Petitioner/Appellant.

(3.) Learned Government Advocate submits that now the election is scheduled to be held on 13th September 2010 and in that regard a Notification was issued. But the said Notification unsuccessfully challenged. He submits that the Appellants have no right to seek postponement of election on the alleged ground of absence of Sri. Abudllaziz Jangubai.