M G KRISHNIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition in which the petitioners have questioned the legality of the calendar of events issued by the Tahsildar, and Returning Officer, for holding general election to Town Municipal Council, Mulbagal, constituted and functioning under the provisions of the KARNATAKA MUNICIPALITIES ACT, 1964 1964 (the 'Act' for short), the following questions of law arise for consideration :

(2.) The facts relevant for considering the above questions are as follows : According to the petitioners the calendar of events for holding election to the Mulbagal Municipal Council in the District of Kolar, dated 28-6-1983 was published in a local Newspaper called 'Kolar Patrike' on 29-6-1985. Notice was not published in the Official Gazette. The contention of the petitioners is that the publication of calendar of events in the Official Gazette was obligatory and therefore as it was not published in the Official Gazette, the whole election process was invalid. Alternatively, the contention of the petitioners is that the calendar of events was published in Kolar Patrike only on 29.6.1983 even though it was dated 28.6.1983. Therefore, as according to Rule 8 of the Election Rules, the last date for receiving the nomination papers was to be the 7th day and as the last date fixed in the calendar of events was 5th July 1983, the period so fixed was short by one day and on this ground the calendar of events has to be declared invalid.

(3.) This plea of the petitioners is met by the Returning Officer in para-2, 3 and 4 of the application filed for vacating the interim order, paras 2, 3 and 4 read thus: -