Case Note & Summary
The petitioners, who were the Chairman and Vice Chairman of the Channapatna Agricultural Produce Marketing Committee (APMC), had been elected for a period of 20 months under Section 42(1) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966. They filed writ petitions under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to direct the Returning Officer (the Tahsildar) to conduct the election for the posts of Chairman and Vice Chairman from the stage at which it was adjourned, and further to direct the Returning Officer not to change the electoral roll for the elections. The petitioners contended that the election process had commenced but was adjourned, and there was a threat that the electoral roll would be altered, which would prejudice their rights. The respondents, including the State of Karnataka and the Director of APMC, opposed the petitions. The court, after hearing arguments, held that once an election process has commenced, it must be completed without interruption, and the electoral roll cannot be changed mid-process. The court allowed the petitions and directed the Returning Officer to proceed with the election from the adjourned stage and not to alter the electoral roll.
Headnote
A) Election Law - Agricultural Produce Marketing Committee - Continuation of Election from Adjourned Stage - Section 42(1) of Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 - Petitioners, who were Chairman and Vice Chairman elected for 20 months, sought mandamus to direct Returning Officer to conduct election from the stage it was adjourned and not to change electoral roll - Court held that once election process has commenced, it must be completed without interruption and electoral roll cannot be altered mid-process - Held that the Returning Officer must proceed with the election from the adjourned stage (Paras 1-10).
Issue of Consideration
Whether the Returning Officer can be directed to conduct the election for the posts of Chairman and Vice Chairman of the APMC from the stage at which it was adjourned, and whether the electoral roll can be changed after the election process has commenced.
Final Decision
The court allowed the writ petitions and directed the Returning Officer to conduct the election for the posts of Chairman and Vice Chairman of the APMC from the stage at which it was adjourned, and further directed not to change the electoral roll.
Law Points
- Election law
- Agricultural Produce Marketing Committee
- Writ of mandamus
- Continuation of election from adjourned stage
- Section 42(1) of Karnataka Agricultural Produce Marketing (Regulation and Development) Act
- 1966
Case Details
2018 LawText (KAR) (11) 15
Writ Petition Nos.49336-49337/2018 (APMC)
Varun Jayakumar Patil, Udaya Holla, A.S.Ponnanna, Chandrashekaraiah
Sri M.D. Kumar and Sri V.V. Poorniama
The State of Karnataka, The Director, Agricultural Produce Marketing Committee, The Deputy Commissioner, The Tahsildar/Returning Officer, The Channapatna Taluk Agricultural Produce Marketing Committee
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Nature of Litigation
Writ petition seeking mandamus to direct Returning Officer to conduct election from adjourned stage and not to change electoral roll.
Remedy Sought
Petitioners sought a writ of mandamus directing the Returning Officer to conduct the election for Chairman and Vice Chairman of APMC from the stage at which it was adjourned and not to change the electoral roll.
Filing Reason
The election process for Chairman and Vice Chairman of APMC was adjourned, and there was a threat that the electoral roll would be altered, which would affect the petitioners' rights.
Issues
Whether the Returning Officer can be directed to conduct the election from the stage at which it was adjourned?
Whether the electoral roll can be changed after the election process has commenced?
Submissions/Arguments
Petitioners argued that the election process had commenced and must be completed without interruption, and the electoral roll cannot be altered mid-process.
Respondents opposed the petitions, but the court did not detail their arguments in the provided text.
Ratio Decidendi
Once an election process has commenced, it must be completed without interruption, and the electoral roll cannot be altered mid-process. The Returning Officer is bound to proceed with the election from the adjourned stage.
Judgment Excerpts
The petitioners, who were Chairman and Vice Chairman of respondent No.5 – Agricultural Produce Marketing Committee (for short 'APMC') and who had been elected for a period of 20 months as provided under Section 42(1) of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 ('the Act' for brevity) have filed these petitions seeking issuance of writ of mandamus direction to the Returning Officer to conduct the election to the said posts of 'Chairman' and 'Vice Chairman' from the stage at which it was adjourned and have sought for a further direction to the Returning officer not to change the electoral roll.
Procedural History
The petitioners filed writ petitions under Articles 226 and 227 of the Constitution of India. The petitions were heard and reserved on 20.11.2018, and the order was pronounced on 22.11.2018.
Acts & Sections
- Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966: 42(1)
- Constitution of India: 226, 227
