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1970 Supreme(Kar) 158

NORONHA, NARAYANA PAI
CHANDRAPPA – Appellant
Versus
TAHSILDAR, JAMKHANDI – Respondent


Advocates:
A.C.NANJAPPA, B.S.Patil, B.V.DESHPANDE, G.V.SHANTHARAJU, H.B.DATAR, K.Manjappa, K.S.Puttaswami, N.Venkatachala, S.PRAMILA

NARAYANNA PAI, CJ.

( 1 ) THESE six writ petitions raise questions relating to the efficacy or validity of the action taken, by the State Government pursuant to the proviso appended to sub-section (11) of S 42 of the Mysore Municipalities Act, 1964.

( 2 ) WRIT Petitions Nos. 1943 and 1944 are by the President and vice-President respectively of the Municipal Council of Shimoga. The council itself was constituted by a general election held in May 1969. Thr president and the Vice-President were elected on 10-6-1969. On 3rd July, 1969 the Council unanimously adopted a resolution consenting to the term of office of the President and Vice-President being limited to a period of one year. On the strength of the same, the State Government issued a direction on 26-9-1969 in the light of the proviso, namely, that the term of the office of the President and Vice-President, Shimoga Municipal Council, shall be limited to one year and that election therefor shall be held every year. In May 1970 steps were taken for holding a re-election to the positions of the President and Vice-President at a meeting proposed to be held on 21-5-1970. It is at that stage that the two petitioners approached this co































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