T MOHADIN KHAN Vs. DEPUTY COMMISSIONER SHIMOGA

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the elections to all the four divisions of the Town Muncipal Council of Bhadravathi.

(2.) The notice of General Elections was issued by the Tahsildar and Returning Officer on the 27th of March 1969 according to which, the last date for filing of the nomination papers was 3rd of April 1969, the date for scrutiny of nomination papers was 5th of April 1969, the last date for withdrawal of nomination papers was 8th of April 1969, and the date of the polling for all the four divisions was 29th of April 1969.

(3.) Before polling could take place, one Pakir Sab Haji, a validly nominated candidate for the fourth division, died on the 19th of April 1969. The Returning Officer by his order dt.25th of April 1969 made in exercise of the powers vested in him under Rule 24 of the Mysore Municipalities (Election of Councillors) Rules. 1965 (hereinafter referred to as the Rules), countermanded the election in so far as it pertained to the fourth division, and directed that elections in respect of the first, second and third divisions shall take place as per the calendar of events already published. In pursuance of the said order a fresh calendar of events was published for conducting the election to the fourth division. In regard to the first, second and third divisions, elections took place on the 29th of April 1969 as per the original calendar of events. The election to the fourth division took place on the 12th of June 1969.