B THAMMIAH Vs. ELECTION OFFICER BANAVARA

JUDGEMENT

(1.) In the above writ petition, the petitioner has sought for issue of a writ of Mandamus directing the first respondent to issue fresh calender of events in respect of the election to the post of President and Vice President to the Banavara Town Municipal Council after complying with the mandatory requirements of law.

(2.) The case of the petitioner is that he was elected as a member of the Municipal Council in the month of May, 1979 as per Ext-A. The first respondent was required to hold the election to the post of President and Vide President of the Municipality. According to sub-Rule (5) of Rule 3 of the Karnataka Municipalities (President and Vice-President) Election Rules, 1965 (hereinafter referred to as the Rules), a copy of the notice published for the election under sub-rule (1) was required to be sent to every councillor by registered post. He did not receive the notice of the calendar of events sent by any registered post. On 30-6-1979 at 4 pm. on enquiry he learnt that the last date for filing nominations was between 11.am. and 3 pm. on 30-6-1979. His grievance is that he was dented opportunity to contest the election to the post of President and Vice-President due to non-compliance of rule (3) 5 of the Rules. He has approached this Court for relief as stated above.

(3.) The only question for decision is whether there is compliance with sub-Rule (5) of Rule 3 of the Rules. The relevant sub-rule reads thus :