ALUVELAMRNA W/O B.C. NARASIMHAPPA Vs. STATE ELECTION COMMISSION REPRESENTED BY ITS COMMISSIONER, THE DEPUTY COMMISSIONER AND THE RETURNING OFFICER, TALUK PANCHYATH ELECTIONS, PATHAPALYA CONSTITUENCY

JUDGEMENT

(1.) THE rejection of the Petitioner's nomination for election to the membership of the Taluk Panchayath -Pathapalya Constituency of Bagepalli taluk by order dated 16.12.2010 (Annexure -A) of the Returning Officer - 3rd Respondent has resulted in this petition.

(2.) ALTHOUGH the learned Counsel for the Petitioner contends that under Section -17 of the Karnataka Panchayat Raj Act, 1993, the Returning Officer ought to have extended an opportunity of atleast a day for the say of the Petitioner over her nomination if found invalid and having not followed that procedure, calls for interference, I am not inclined to accept that contention.

(3.) IN the facts and circumstances, the observation of the Larger Bench of the Apex Court in Election Commission of India Through Secretary Vs. Ashok Kumar and Ors., AIR 2000 SC 2979 is apposite: