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1975 Supreme(SC) 222

P.K.GOSWAMI, P.N.BHAGWATI, A.ALAGIRISWAMI
State of Karnataka – Appellant
Versus
Gunjahalli Nagappa – Respondent


Advocates:
A.K.SRIVASTAVA, B.P.SINGH, H.B.DATAR, L.N.Sinha, M.VIRAPPA, R.B.DATAR, S.S.JAVALI, V.M.TARKUNDE

Judgment

BHAGWATI, J.:- There is a town called Gangawati in the State of Karnataka. It had a Town Municipal Council constituted under the Karnataka Municipalities Act, 1964. The term of office of the Municipal Councilors elected at the last General Elections expired by efflux of time in 1962, but instead of holding a General Election to constitute a new Town Municipal Council, the State Government appointed an Administrator to exercise the powers and perform and discharge the functions and duties of the Town Municipal Council and also constituted an Advisory Council to advise and assist the Administrator. The appointment of the Administrator and the constitution of the Advisory Council were challenged by one of the residents of Gangawati in the High Court of Karnataka by Writ Petition No. 2405 of 1972. The writ petition was, however, settled as the State Government gave an undertaking that it would take the necessary steps for holding a General Election within a reasonable time. This happened on 6th February, 1974. The State Government thereafter, in accordance with the undertaking given by it, appointed the Returning Officer on 25th February, 1974 and it looked as if the General El


























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