JUDGEMENT
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(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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