KUMARAPPA Vs. B MANJUNATH

JUDGEMENT

(1.) At the stage of preliminary hearing, respondents 1 and 2 have entered appearance. Learned High Court Advocate is also directed to take notice and appear for respondent No. 3. As the appeal can be disposed of on a short ground, it is admitted and heard for final disposal.

(2.) This writ appeal is preferred against the order dated 7-12-1989 passed in Writ Petition No. 1605 of 1989. The appellants were respondents 4 and 5 in the writ petition. Respondent Nos. 1 and 2 were the petitioners. Respondent No. 3 was the 1st respondent. In this judgment, the parties will be referred to with reference to the ranking assigned to them in the writ petition.

(3.) In the writ petition the petitioners sought for a declaration that the entire proceeding culminating on 3-1-1989, Produced as Annexure 'D' is illegal and void and to quash the notice dated 14-12-1988 issued by the 2nd respondent - Prescribed Officer for Election to the offices of Pradhan and Upa-Pradhan of Krishnanagar Mandal Panchayat, produced before as Annexure-B. The petitioners also sought for issue of writ in the nature of mandamus directing respondents No. 1 and 2 - Deputy Commissioner, Bellary and the Prescribed Officer for Election to the post of Pradhan and Upa-Pradhan to re-do the election results of the proceedings dated 19-4-1987 strictly in terms of R. 4 of Karnataka Mandal Panchayat (Election of Pradhan and Upa-Pradhan) Rules, 1987 and the judgment of this Court in Ashok v. J. S. Jakkannavar, ILR (1989) Kant 123.