M BHAKTAVATSALA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) WRIT petition is by a person who had been elected as Vice President of Robertsonpet, KGF municipal Council and who has been functioning as the President of this Municipal Council pursuant to a resolution dated 25. 1. 2006, copy at Annexure-D to the petition, passed by the members of this council purporting to be under Sections 42 (6) and 42 (7) of the Karnataka municipalities Act, 1964, (for short the 'act') electing the petitioner to act as President for a period of five months therefrom in view of the incumbent President one Smt. Dilshad Begum having gone on leave for a period of six months.

(2.) THE grievance of the petitioner is in the context of issue of notice dated 26. 4. 2006, copy at annexure-H to the petition, issued by the Assistant Commissioner, Kolar Sub-Division, Kolar, purporting to be in his capacity as the returning officer for conducting the election to elect a member of the Council as president in view of the vacancy in the post of president due to the death of the incumbent president Smt. Dilshad Begum on 11. 4. 2006.

(3.) A notice had been issued fixing the date of the meeting for such election to be on 6. 5. 2006 at 1. 00 p. m. at the Office of the Municipal Council and had also indicated the calendar of events for conduct of this election.