A F LAWRENCE Vs. STATE OF MYSORE
LAWS(KAR)-1969-7-3
HIGH COURT OF KARNATAKA
Decided on July 01,1969

A.F.LAWRENCE Appellant
VERSUS
STATE OF MYSORE Respondents


Cited Judgements :-

M G KRISHNIAH VS. STATE OF KARNATAKA [LAWS(KAR)-1986-1-39] [DISTINGUISHED]


JUDGEMENT

- (1.)The two petitioners before us are voters in the area of the Town Municipal Council of Kushalnagar in the district of Coorg, and they ask us in this writ petition to stop an election which is announced by an election calendar published by the Returning Officer under Rule 8 of the Mysore Municipalities (Election of Councillors) Rules, 1965 which will be referred to as the Rules. The election calendar made the announcement that the last date for the production of the nomination papers was November 28, 1968 and that the polling would be on December 23, 1968. That election calendar was published in the Official Gazette bearing the date November 28, 1968. The impeachment of the publication of the election calendar is that it was not made in obedience to Rule 8 (1) (c) of the Rules. During the pendency of these proceedings, an application IA.II is made by two persons who produced their nomination papers before the Returning Officer. They ask for a permission to intervene in these proceedings. But we do not think we should allow such intervention. We dismiss IA. No. II.
(2.)Now, the relevant part of Rule 8 reads :
"R.8. Publication of election calendar-(1) Whenever it is necessary to hold an election under S.17 or an election to fill a casual vacancy under Sec. 19, the Returning Officer shall publish a notice stating;......',.... (c) the last date for making nominations which shall be the seventh day after the date of publication of the notice under this sub-rule or, if that day is a public holiday the next succeeding day which is, not a public holiday and the place at which such nomination papers are to be delivered."

(3.)The requirement of this clause is that the election calendar should announce the last date for making nominations between which and the date of publication of the election calendar there should be an interval of seven clear days. But what the Returning Officer did in this case was to publish the election calendar in the Gazette of November 28, 1968 and to state in that election calendar that that date was also the last date for making nominations.
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