LAWS(KAR)-1990-2-2

MARUTHI Vs. STATE OF KARNATAKA

Decided On February 22, 1990
MARUTHI Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) writ appeal No. 314/1990 is preferred against the order dated 6 2-1990 passed in w.p.no.2741/90. The lant was the petitioner in the writ petition. He sought for quashing the order daied 2-2-1990 passed by the assistan: commissioner. Bagalkot and returning officer (election officer) city municipal council, bagalkot rejecting his nomination paper. Learned single judge has declined to entertain the writ petition on the ground that an alternative remedy by way of an election petition is available.

(2.) writ appeal No. 315/1950 is preferred against the order dated 8-2-1990 passed in writ petition No. 2888/90. The appellant was the petitioner in the writ petition. He has sought for quashing the order dated 5-2-1990 passed by the returning officer, city municipal council, elections, ranebennuf, dhatwar district rejecting his nomination paper for reserved seat and accepting and treating it as the one for general seat. Learned single judge has declined to entertain the writ petition on tne ground that there is an alternative remedy by way of an election petition in the light of the decisions of the Supreme Court in nanhoomsl v hira msl (AIR 1975 SC 2140) and s.t. muthusami v k. Natarajan & others (AIR 1988 sc616).

(3.) as common question of law is involved in both the appeals, the same are heard together.