ARALIMATTI KALLAPPA Vs. TOWN MUNICIPAL COUNCIL

JUDGEMENT

(1.) These seventeen petitioners are residents of Byadgi town entitled to vote at the election to the Municipal Council of the town. They pray for the setting aside of various steps in connection with the election of Councillors proposed to be held pursuant to the calendar of events dt.15th May 1972 issued by the Tahsildar of Byadgi as the Returning Officer. To achieve the said result they also contend that Ss.11 and 13 of the Mysore Municipalities Act, 1964 should be struck down as invalid.

(2.) Though there is an express prayer for striking down both the Ss.11 and 13 of the Act, "the same is not pressed as far as S.11 is concerned and the case of invalidity is limited to S.13.

(3.) S.ll fixes the total number of Councillors for Municipalities in relation to population. The explanation to first sub-section states that population therein means the populatoin as ascertained at the last preceding census of which the relevant figures are published'.