CHANDRAPPA Vs. TOWN MUNICIPAL COUNCIL OF RABKAVI BANAHATTI

JUDGEMENT

(1.) The petitioner challenges the validity of the election of the second respondent Keshav Kallappa Araballi as President of the Town Municipal Council of Rabkavi Banahatti held on 4th October 1969.

(2.) There had been before this election another person named Kadiwal elected as the President and the petitioner Chandrappa Kashappa Kamble the Vice-President. On 1st September 1969 Kadiwal sent a letter of resignation from the position of President to the Deputy Commissioner of Bijapur. On 8th September 1969 the Deputy Commissioner addressed a letter to the said Kadiwal stating that the letter of resignation has been received by the Deputy Commissioner on the 3rd of September 1969 and adding:

(3.) In the meanwhile, according to the petitioner, Kadiwal named above had also put in a note of absence for a period of a fortnight on 2nd September 1969. It is further stated that on the 6th of September 1969 two other Councillors Chinnappa Parappa Jadgouda and Smt.Kasturi sent letters of resignation; on receipt of which, the petitioner then performing the duties of the President, acknowledged receipt of the same in writing addressed to the said persons Immediately the said two persons (impleaded as Respondents 4 and 5) sent a telegram both to the petitioner as well as to the Deputy Commissioner that they had not sent any letters of resignation The Deputy Commissioner caused an enquiry to be made by the Asst. Commissioner and addressed a letter dated 28th September, 1969 to the President of the Town Municipal Council expressing the view that upon enquiry the letters of resignation said to have been delivered by the said two respondents to the petitioner "do not conform with the notice of resignation contemplated under S.40 of the Mysore Municipalities Act"; that the procedure adopted by the petitioner in treating the said letters as effective resignations was not correct. Ultimately the Deputy Commissioner directed, in exeicise of his power under S.304(d) of the Act, that the said two persons be regarded as still continuing in office as Councillors of the Municipality.