PRABHAVATI VASANT AVALE Vs. SHANIBAI YAVAN HEGDE

JUDGEMENT

(1.) The petitioner contested the election of Zilla Parishad on 5th March 1997. She was declared elected. The same was invalidated by the Additional District Judge. In this petition the first ground raised by Mr.Paranjape is that the Additional District Judge was not notified and hence the order invalidating the election was without jurisdiction.

(2.) According to him though the petitioner was in Government employment she tendered her resignation on 1st January 1997 as such at the time of polling she ceased to be Government employee. We permitted the learned counsel for the petitioner to substantiate the claim in this petition. Accordingly he produced two documents before us which he refers to as notice dated 1.1.1997 addressed by the petitioner to District Social Welfare Officer wherein she has averred that she has an interest in social work and she is intending to contest the election from reserved constituency, therefore, she is giving an advance notice of 90 days. She further said that she should be relieved from service and hence she is giving notice. Even accepting this contention the petitioner would be relieved after expiry of 90 days, that would be 1st of April 1997. Consequently, the petitioner was holding office of a Government employee at the time of polling. Another limb of submissions of Mr.Paranjape is that the notice is required to be given by the employee prescribed only 30 days as per the rule and, therefore, the petitioner could be treated as relieved from the employment on 1st February 1997. This submission cannot be accepted on the face of the notice as given.

(3.) Besides this, on close scrutiny, we found that the acknowledgment of the notice by the authority refers to date of 14.2.1997. We are reported that the same was rejected on 19th April 1997. In view of this we do not entertain this petition. The rejection of the nomination and, therefore, consequent declaration of election of the respondent is fully justified having regard to the facts as enumerated. Petition is, therefore, dismissed.