H J THIRTHEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who was a candidate for election from Hosur Panchayat and whose nomination paper was rejected by the order of the Returning Officer dj 2-6-1978 (Ext.A), has presented this writ petition praying for quashing the said order.

(2.) After issuing rule nisi, I directed the High Court Govt Pleader to take notice on behalf of respondents 1 and 2. Sri B.B.Mandappa, learned High Court Govt Pleader, took notice and appealed for respondents 1 and 2. By consent of parties the petition is taken up for hearing.

(3.) The learned High Court Govt Pleader raised a preliminary Objection to the maintainability of the writ petition on the ground that as the petitioner has got an alternative remedy by means of an election petition and therefore, the peTition is not maintainable in view of the bar created by clause(3) of Art.226 of the Constitution.