DASEGOWDA Vs. ELECTION OFFICER

JUDGEMENT

(1.) Though this Petition is posted for orders, having regard to the fact that it can be disposed of on a short point and also it relates to the election to be held to the office of the President of the City Municipal Council, Hassan, which has been stayed ; it is taken up for final disposal itself.

(2.) In this Petition under Article 226 of the Constitution, the petitioner has sought for quashing the Calendar of events, dated 30-12-1983 bearing No. Municipal (3) C.R. 99/83-84 (Annexure-A) issued by the Election Officer and the Deputy Commissioner, Hassan District, Hassan, for the purpose of holding an election to the office of the President of the City Municipal Council, Hassan, which is necessitated due to the death of the President on 3-12-1983. The peti-tioner is one of the Councillors. Respondents 2 to 6 are the other councillors, who have filed their nominations seeking election to the office of the President of the City Municipal Council, Hassan.

(3.) At the outset, a preliminary objection is raised by Sri Chandrashekharaiah, Learned Counsel for the Respon-dents 3 and 5, and also Sri V. C. Brahmarayappa, Learned Government Advocate appearing for the first Respondent, that the petitioner, having proposed the 2nd Respondent for the office of the President pursuant to the calendar of events in question, is not entitled to seek relief in this Petition ; and the jurisdiction under Article 226 of the Constitution, need not be exercised at his instance.