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1970 Supreme(Kar) 148

NARAYANA PAI, NORONHA
KONAPPA – Appellant
Versus
STATE OP MYSORE – Respondent


Advocates:
G.R.ETHIRAJULU NAIDU, R.N.BYRA REDDY, S.K.Venkataranga Iyenaar

( 1 ) THE six petitioners are elected members of the Bellary Municipal council. Petitioners 1, 2 and 5 were contestants for election to the position of both the President and the Vice-President of the Council. Respondents 3 to 8 are also elected members of the same Municipal Council. Out of them, respondents 3, 4 and 5 were contestants for the President's position and respondents 7 and 8 for that of the Vice-President.

( 2 ) UNDER the calendar of events issued by the Election Officer dated 14/8/1970, the election was scheduled to be held on 29/8/1970. The writ petition was filed on 26/8/1970 praying for the issue of a writ in the nature of prohibition prohibiting respondent 2, the Election Officer from proceeding with the election. When the writ petition was taken up for preliminary orders on 27th August, the contesting respondents took notice through counsel, and the following interim order was passed on the 28th:"the election proposed to be held on 29/8/1970 will proceed. But the result of the election shall not be published pending disposal of this writ petition. It shall abide the final orders in this WP. . . . . . . . . "

( 3 ) ON the 29th September 1970, the petitioners filed
















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