R PRASANNA KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A batch of writ appeals are filed assailing the judgment of the learned single Judge dismissing the writ petitions. The writ petitions were filed seeking a writ or direction to prohibit the respondents 2 and 3 from holding the election to the office of the President and Vice-President of the Municipalities before the completion of the term of 30 months by the appellants with effect from the date of their election and for the declaration that the term of office of the appellants as President and Vice-President of the Municipalities is for a period of 30 months from the date of their election.

(2.) ). The brief facts of the case are that the appellants in these appeals were elected either as President or Vice-President of the respective Municipalities in the vacancies caused during the currency of the term of the President or Vice-President of the Municipalities. It is their case that though they were elected in the vacancies caused during the currency of the office of the President or Vice-President, they are entitled to continue in the office for a period of 30 months from the date of their election. The Government contended that the appellants have been elected in the casual vacancies and are entitled to hold their office only for remainder term of office of the President and Vice-President elected to the regular vacancies and not beyond the term.

(3.) THE learned single Judge after considering the rival contentions and relying on the judgment of this Court in the case of C. R. Shivananda v. Election Officer and Head Quarters Assistant to the D. C. , Dist. Office, AIR 1976 Karnataka 225 wherein it is held that :