PAKANTI SUDARSHAN REDDY Vs. DISTRICT COLLECTOR WARANGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India for the issue of a writ of Mandamus directing the respondents 1 and 2 not to give effect to the election held on 26-4-1961 in respect of the Municipality of Warangal.

(2.) The material facts lie within a narrow compass and are for the most part uncontroversial. The Government issued a Notification on 11/03/1981 under Section 17 of the Hyderabad District Municipalities Act, 18 of 1956, hereinafter called the Act, calling upon all the constituencies of the City Municipality, Warangal, to elect members before 27/04/1961. The District Collector, Warangal, in pursuance of the said Notification under Section 20 of the Act, appointed various dates for nomination etc., according to which the last date for making nominations was fixed as 20/03/1981 and 26/04/1961 was fixed as the date of poll. Accordingly, the elections were held on 26/04/1961 under the supervision of the 2nd respondent, who is the Returning Officer for the purposes of the said elections. Respondents 3 to 36 were declared from various constituencies. The petitioners, who are cither the tax payers or the voters residing in the Municipal area of Warangal, filed this application questioning the validity of the election held on 26/04/1961 on various grounds.

(3.) Firstly, it was urged by the learned Advocate for the petitioners that respondents 3 to 12 being the sitting members of the City Municipality, Warangal, on the material dates of the election were holding office or place of profit under the City Municipality, Warangal, and were, therefore, disqualified in order to appreciate this contention, it becomes necessary to look into Section 27 (1) (c) of the Act Section 27, as far as at is relevant for our purpose, is as follows :