VIRUPAKSHA GOWDA Vs. A N PATIL

JUDGEMENT

(1.) In these petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the order dated 10.6.1983, passed by the Returning Officer (respondent-1) rejecting the nomination paper filed by the petitioner for contesting the election to the membership of the Agricultural Produce Market Committee, Kundagol, from Agriculturists Constituency. The first respondent has rejected the nomination paper of the petitioner on the ground that the petitioner has not paid the dues within the stipulated time as per Sec. 16(2)(i) of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (for short, the 'Act').

(2.) It is not possible to grant the relief sought for in this petition. There was no interim order granted. As a result thereof, the election has taken place. After the election, the petitioner ought to have challenged the same under the provisions of the Act, as there is specific provision contained in the Act for challenging the election.

(3.) It is submitted by Sri C.M. Desai, learned Counsel for the petitioner,, that the petitioner is not so much interested to have the election set aside, but he only apprehends that the impugned order of the Returning Officer may be held against him in the subsequent elections; because the Act does not contain as to what period such a disqualification should continue.