GUNJAHALLI NAGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above petition is the third in a series of petitions relating to the election to Gangavathi Town Municipal Council. The facts of the case are briefly these: The term of the Municipal Councillors of the Town Municipal Council, Gangavathi, expired in the year 1972. Instead of holding an election for the purpose of reconstituting the Municipal Council, the State Govt appointed an Administrator to manage the affairs of the Municipality.

(2.) The Govt. also constituted an Advisory Council, in order to assist the Administrator. The appointment of the Administrator and the constitution of the Advisory Council were questioned by one of the residents of Gangavathi in writ petition 2405 of 1973 before this Court. At the hearing of the above writ petition, an undertaking was given on behalf of the State Govt that steps would be taken to reconstitute the Municipal Council by holding the election within a reasonable time. In terms of the above undertaking, the above writ petition was disposed of on 6-2-1974. On 25-2-1974, the Asst Commr of Koppal Sub-Divn (respondent 4) was appointed as the Returning Officer for the purpose of holding the election to the Municipal Council. Before he could issue the calendar of events for the election, the notification which had been issued earlier by the State Govt under S.13 of the Karnataka Municipalities Act 1964 (hereinafter referred to as the 'Act'), was rescinded by the State Govt. Consequently, the calendar of events could not be issued. Immediately thereafter, writ petition 2715 of 1974 was filed by the same person who was the petitioner in writ petition 2005 of 1973, for the issue of a direction to the State Govt to take immediate steps to hold the election. The above writ petition was disposed of on 7-3-1974 by this Court directing the State Govt to hold the elections within four months. On an application filed in the above petition subsequent to its disposal, this Court has extended the time to hold the election till 8th March 1975. After the above writ petition was disposed of by this Court the State Govt issued a Notification under S.13 of the Act, on 3-12-1974, determining the territorial divisions for the purpose of holding of the election. On 7-12-74, the Retuming Officer issued the calendar of events for the election. In the meanwhile, the Tahsildar of Gangavathi who is the designated authority under S. 14 (2) of the Act, split up the electoral roll which was maintained for the Karnataka State Assembly Election in respect of Gangavathi Town, into parts, each part consisting of voters in a division as stated in the Notification under S.13 of the Act. In accordance with the calendar of events, nomination papers were filed on behalf of some persons including the petitioners and they were scrutinised by the Returning Officer. Thereafter, the list of contesting candidates was published on 21-12-1974. According to the calendar of events, the poll had to take place on 10-1-1975. It would appear that after the designated authority under S.14(2) of the Act had authoriticated the voters list, certain persons claiming to be voters at the Town Municipal election made representation to the Deputy Comnar, Raichur, in the month of Dec, 1974, that the splitting up of the electoral roll of the Assembly constituency relating to Gangavathi into voters' lists of the divisions of that town was not in accordance with law. On the basis of the above representation and the recommendation made by the local authorities, the State Govt cancelled the calendar of events published by the Peturning Officer and directed him to issue a fresh calendar of events for the purpose of the election. It also directed him to get the voters' list split up by the designated authority in accordance with law for the purpose of the election to be held on the basis of the fresh calendar of events.

(3.) The petitioners who are some of the contesting candidates have questioned in this writ petition the validity of the above Govt Order. They have prayed for the quashing of the Govt Order d . 30th Dec 1974 referred to above and for the issue of a writ in the nature of mandamus to the authorities concerned to hold the election of Councilors to the Town Municipal Council, Gangavathi. on the basis of the list of contesting candidates published on 21-12-1974, by fixing a convenient date for the election. Inter alia, it is also urged in the course of the writ petition that the Returning Officer should hold the election on the basis of the list authenticated by the designated authority under S.14(2) of the Act, before the Govt Order was issued and that the authorities should be prohibited from making any alterations in or additions to it.