Court : Karnataka
Decided on : Dec-14-1970
Reported in : AIR1971Kant186; AIR1971Mys186; (1971)1MysLJ225
narayana pai, c.j.1. the petitioner was one of the candidates for election to the city of bangalore municipal corporation from the 43rd division. he presented his nomination paper on the 21st of november, 1970, according to the calendar of events relating to the election, the last date for presentation of nomination papers was the 23rd november, 1970 and the date fixed for scrutiny of the nomination papers was the 25th of november. 1970. at the scrutiny m. obanna raju, another candidate for election from the same division (impleaded as the 8th respondent in this writ petition,) raised an objection to the reception of the nomination paper of the petitioner on the ground that the petitioner had not paid the property tax payable to the corporation by him in respect of his property in division no. 43. the petitioner produced a receipt for payment of taxes made by him at 3.30 p. m. on the same day, viz., the 25th of november, 1970. according to the receipt, payment made was of taxes for the years 1968-69, 1969-70 and 1970-71. thereupon, the returning officer (the first respondent) rejected the nomination paper recording his decision in that regard as follows:'it is clear from the receipt produced by sri narayanachari that he has paid on 25-11-1970 and so there were arrears to corporation on the day he filed nomination on 23-11-1970. hence objection is upheld and nomination of sri narayanchari is rejected.'2. in this writ petition filed on the 27th of november, 1970, the petitioner .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-01-1970
Reported in : AIR1970Kant289; AIR1970Mys289; (1970)1MysLJ512
order1. the petitioners are wholesaleand/or retail dealers in food grains in mysore state. in these petitions under article 226 of the constitution, they have assailed the constitutionality of certain provisions of-(i) the mysore food grains (wholesale) dealers licencing order, 1964 (hereinafter referred to as the wholesale licensing order); and (ii) the mysore food grains (retail) dealers licensing order, 1964 (hereinafter referred to as the retail licencing order). 2. these two orders were made by the government of mysore in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (hereinafter referred to as the act), and delegated by the central government to the state government under section 5 of the act.3. before dealing with the contentions of the petitioners, it is useful to set out the salient features of these two orders.4. sub-clause (e) of clause 2 of the wholesale licencing order defines the term 'whole- sale dealer' as a person engaged in the business of purchase, sale or storage for sale, of any one of the food grains in quantity of ten quintals or more at any one time or in quantity of twenty-five quintals or more, of all food grains taken together. persons engaged in the business of sale of food grains to consumers only, the food corporation of india and commission agents who do not hold stocks, are excluded from this definition of wholesale dealer.5. sub-clause (e) of clause 2 of the retail licencing order defines the term 'retail .....Tag this Judgment!