YELLAPPA MALLARAPPA GAVALI Vs. STATE OF MYSORE

JUDGEMENT

(1.) This petition under Art.226 of the Constitution is by four citizens, resident in the limits of Ranebennur Municipality. It is their case that the said Muncipal Council of Ranebennur was superseded as far back as in the year 1966 and till today no elections have been held for the purpose of reconstituting of the Municipal Council. Such supersession was continued from time to time for limied periods by issuing orders by the State Government in exercise of the powers under S.316 of the Mysore Municipalities Act (hereinafter referred to as the Act), the period of last such supersession extending upto 30-9-1973. The authorities concerned, apparently thinking' that there would be no further supersession of the Municipal Cquncil, took the necessary preparatory steps for the purpose of holding an election before the expiry of the said period. On 26-5-1973, there was a division of wards under S.13 of the Act. On 5-6-1973, the Returning Officer was appointed as per Rule 4 of the relevant rules, by the Deputy Commissioner, Dharwar, with a direction that he should hold the elections for the reconstitution of the Municipal Council before 1-10-1973. On 16-7-1973, the Voters' List also had been duly prepared and published. On 23-7-1973, the publication of the calendar of events had been scheduled to take place, though it is contended on behalf of the petitioners that such publication had in fact taken place by affixure of Notice in the form of Ext.IT on the Notice Board of the Municipality. It is alleged that pursuant to directions issued by the Government through a telegram dt.21-7-1973, no further steps were taken for the conduct of the election. In this context, it is stated that on a requisition being made by some of the petitioners for the issue of the nomination papers as per Rule 11 of the Rule, the Returning Officer refused to furnish them on the ground that there had been no due publication of the calendar of events. It is on these facts that the petitioners have sought for the following reliefs : (1) For a writ in the nature of mandamus or any other appropriate writ or order or direction directing respondents 1 to 4 to hold the election to elect the Councillors to the Town Municipal Council immediately from the stage at which the election process was interrupted by the 1st respondent-State: and (2) further directing the 1st respondentrState, not to continue the order of supersession of the Town Municipal Council, Ranebennur, beyond 1-10-1973.

(2.) On behalf of the respondents, a counter has been produced principally contending that there has been no publication of the calendar of events as alleged on behalf of the petitioners and that the Government has taken a decision not to hold elections in the new Mysore Area till the end of -October 1973, in view of the prevalance of drought conditions in several parts of the State. It is, therefore, submitted that pursuant to the said decision, a telegram was sent to the Deputy Commissioner, Dharwar District, in which Ranebennur is located, on 20-7-1973, calling upon him to stay the election in question; The Deputy Commissioner, in his turn, sent a telegram on 21-7-1973 to the Administrator of Ranebennur Municipality. It is evident from the records that such telegram was served on the said administrator on that very day. It is also contended that the copy of the calendar of events produced as Ext.D, had not been in fact published as required by the rules and that the said document was the result of collusion on the part of the 2nd petitioner, who was entrusted with the printing of such calendar. In these circumstances, it is submitted that the petition should be dismissed.

(3.) On behalf of the petitioners, three contentions were urged by Sri K. A. Swamy, the learned Counsel. They are as follows :