SMT. YASMEEN Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) The petitioner-Smt. Yasmeen has filed the present writ petition before this Court seeking quashing of the election proceedings in respect of the election of Adhyaksha and Upadhyaksha of Grama Panchayath, Gonikoppa, Virajpet Taluk, Kodagu District and to direct the respondent-Assistant Director to allow the petitioner to participate in the said election process and accept her nomination for the said post. The petitioner was elected to the said panchayat in the election held on 20-4-2016 vide the electoral certificate issued by the Returning Officer on 20-4-2016.

(2.) It is the case of the petitioner that in pursuance of Annexure-B, notice issued for summoning the first meeting for the election of Adhyaksha and Upadhyaksha on 19-5-2016, the time frame given for submitting the nominations was before 11.30 a.m. on 31-5-2016. But when her nomination was intended to be filed, one of her supporters Sri. B N. Prakash was informed by the Designated Officer vide Endorsement Annexure-C dated 31-5-2016, the translated copy of which is placed on record, that 'for conducting election and receiving nomination and also to conduct meeting, 50% members should be present and hence this information given to you'.

(3.) According to the writ petitioner vide averments made in paragraph 4 of the writ petition, in view of the said endorsement or communication-Annexure-C, the petitioner left the office of the second respondent and returned well in advance i.e. before 10.30 a.m. to file her nomination paper and she filed (he nomination paper before 10.30 a.m. on 3-5-2016.