JITENDRA MANNULAL DUBEY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has filed the present petition for quashing the notice dated 11-4-2002 issued by the second respondent as per Annexure-C insofar as it relates to the election of Adyaksha of third respondent-Zilla parishat.

(2.) THE petitioner is an elected representative from Narayanapura constituency to the Zilla Panchayat, Bidar. The second respondent issued notice on 11-4-2002 fixing the election to Adhyaksha and Upadhyaksha of Bidar Zilla Panchayat on 18-4-2002. The petitioner claims that the notice is contrary to Rule 3 of the Karnataka Panchayat Raj (Election of Adhyaksha and Upadhyaksha of Zilla Panchayat) Rules, 1994 ('the rules', for short), which prescribes 7 days clear notice of the meeting prior to the date of election. On this ground the petitioner prays for quashing of the said notice.

(3.) 1 have heard the learned Counsels on both sides.