VENKATARAMANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has presented this Writ Petition praying for quashing the order of the Election Officer of Gangasagara Group Village Panchayat, Gangasagara in Pavagada Taluk, Tumkur District, rejecting the nomination paper of the petitioner filed in connection with the election of members of the said panchayat.

(2.) When the matter came up for preliminary hearing, I directed the Government Advocate to take notice in view of the urgency. Sri B. B. Mandappa, learned High Court Government Pleader has appeared for respondents 1 and 2. By consent of parties, the writ petition is taken up for final hearing.

(3.) The Election Officer by his order dated 2-6-1978 rejected the nomination paper of the petitioner solely on the ground that the date of presentation of the nomination paper was not mentioned on the nomination paper. According to the calendar of events, the last date for receipt of nomination papers was 30-5-1978. The nomination paper of the petitioner was presented on the said date. The Election Officer himself has issued the receipt for having received the nomination paper on 30-5-1978 at 1-15 p.m. and also informed the candidate that it will be taken up for scrutiny on 2-6-1978. When the Election Officer has received the nomination paper on 30-5-1978, the nomination paper should also be treated as bearing the date 30-5-1978. Under the rules, the reason given by the Election Officer could be no reason for rejecting the nomination paper. Sri B.B. Mandappa, learned High Court Government Pleader however raised a preliminary objection regarding the maintainability of the petition in view of clause (3) of Art. 226 of the Constitution. I over-rule the objection for the reasons stated in the Judgment in W.P. No.5014/978. (1)