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STANEK v. MARION COUNTY ELECTION BOARD

No. 974S176.

316 N.E.2d 830 (1974)

John A. STANEK, As Duly Appointed and Certified Nominee for Candidate for the Office of Judge of the Marion County Juvenile Court, Marion County, Indiana, and As a Registered and Qualified Voter in Marion County, Indiana, Plaintiff-Appellant, v. MARION COUNTY ELECTION BOARD et al., Defendants-Appellees.

Supreme Court of Indiana.

October 2, 1974.

Attorney(s) appearing for the Case

Patrick L. McCarty, Virginia Dill McCarty, Victor S. Pfau, Auberry & Treacy, Indianapolis, for plaintiff-appellant.

Charles G. Castor, Bulen & Castor, Indianapolis, for defendants-appellees.

HUNTER, Justice.

This is an appeal from the trial court's denial of a permanent injunction against the Marion County Election Board to force the placing of the office of Judge of the Marion County Juvenile Court on the general election ballot in November, 1974. Pursuant to AP. 4(A)(10), immediate transfer has been granted to this Court.

The parties concede that there are no disputed facts arising on this record. The sole question presented is whether the vacancy...

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