1 in the High Court of Karnataka at Bengaluru
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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER, 2015 BEFORE THE HON’BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN WRIT PETITION NOS.32205-32209 OF 2015 C/W. WRIT PETITION NOS.34797-34801 OF 2015 (LB-ELE) In W.P. Nos.32205-32209/2015: BETWEEN: 1. SRI K. NANJUNDE GOWDA S/O. KARIGOWDA AGED ABOUT 52 YEARS ELECTED MEMBER OF KOORGALLI GRAM PANCHAYAT YELAWALA HOBLI MYSORE TALUK MYSORE DISTRICT. 2. SRI CHANNE GOWDA S/O. LATE KARIGOWDA AGED ABOUT 62 YEARS ELECTED MEMBER OF KOORGALLI GRAMA PANCHAYAT YELAWALA HOBLI MYSORE TALUK MYSORE DISTRICT. 3. SRI MANCHE GOWDA S/O. LATE PATEL NAGEGOWDA AGED ABOUT 55 YEARS ELECTED MEMBER OF KOORGALLI GRAMA PANCHAYAT YELAWALA HOBLI MYSORE TALUK MYSORE DISTRICT. 2 4. SRI H.N. SURESH S/O. NINGE GOWDA AGED ABOUT 47 YEARS ELECTED MEMBER OF KOORGALLI GRAMA PANCHAYAT YELAWALA HOBLI MYSORE TALUK MYSORE DISTRICT. 5. SMT. SUDHA RANI B.M. W/O. B.L. MOHAN KUMAR AGED ABOUT 40 YEARS ELECTED MEMBER OF KOORGALLI GRAMA PANCHAYAT YELAWALA HOBLI MYSORE TALUK MYSORE DISTRICT. ... PETITIONERS (BY SRI V.R. SARATHY, ADV. FOR MS. BELLE RAVIVARMA) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY DEPARTMENT OF PANCHAYAT RAJ MULTISTORIED BUILDING BANGALORE. 2. THE STATE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY K.S.C.M.F. BUILDING NO.8, 1ST FLOOR, CUNNINGHAM ROAD BENGALURU. 3. THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE. 4. THE ELECTION OFFICER FOR ADHYAKSHA AND UPADHYAKSHA KOORGALLI GRAMA PANCHAYAT CUM THE SOCIAL WELFARE OFFICER MYSORE TALUK MYSORE. 3 5. THE KOORGALLI GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY KOORGALLI, YELAWALA HOBLI MYSORE TALUK MYSORE DISTRICT. 6. SRI T. DEVARAJU THE UPADHYAKSHA AGED ABOUT 44 YEARS KOORGALLI GRAMA PANCHAYAT KOORGALLI, YELAWALA HOBLI MYSORE TALUK & DISTRICT. 7. SRI MAHADEV P. AGED ABOUT 44 YEARS ELECTED MEMBER OF KOORGALLI GRAMA PANCHAYAT KOORGALLI, YELAWALA HOBLI MYSORE TALUK & DISTRICT. ... RESPONDENTS (BY SRI D. ASHWATHAPPA, A.G.A. FOR R-1, 3 & 4; SRI K.N. PHANINDRA, ADV. FOR R-2; SRI B.J. SOMAYAJI, ADV. FOR R-5; R-6: SERVED; AND SRI J. PRASHANTH, ADV. FOR R-7) * * * THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED PROCEEDINGS AND ORDER DATED 15-7-2015, PASSED BY THE RESPONDENT NO.4 VIDE ANNEXURE-A AS THE ULTREVIRES THE PROVISIONS CONTEMPLATED UNDER THE KARNATAKA PANCHAYAT RAJ [ELECTION OF ADHYAKSHA AND UPADHYAKSHA OF GRAMA PANCHAYAT] RULES, 1995, AND ETC. 4 In W.P. Nos.34797-34801/2015: BETWEEN: 1. SRI CHANDRA SHEKAR S/O. LATE NANJUNDE GOWDA AGED ABOUT 49 YEARS RESIDING AT MYDANAHALLI VILLAGE YELAWALA HOBLI MYSORE TALUK AND DISTRICT. 2. SRI MOHAN KUMAR B.L. S/O B.P. LINGAPPA AGED ABOUT 45 YEARS RESIDING AT NO.19, K.H.B. COLONY HOOTGALLI, BELAVADI POST MYSORE TALUK AND DISTRICT. 3. SRI SRINIVASA S/O. ANANTHARAJU AGED ABOUT 48 YEARS RESIDING AT NO.338/3, KOORAGALLI VILLAGE YELAWALA HOBLI MYSORE TALUK AND DISTRICT. 4. SRI R. DORESWAMY S/O. RAJE GOWDA AGED ABOUT 35 YEARS RESIDING AT HOOTAGALLI HONNE GOWDA BLOCK HOOTAGALLI VILLAGE YELAWALA HOBLI MYSORE TALUK AND DISTRICT. 5 5. SRI RAJU POLICE PATIL S/O. SAKKERE GOWDA AGED ABOUT 28 YEARS NO.655, HUNSUR MAIN ROAD HOOTAGALLI VILLAGE YELAWALA HOBLI MYSORE TALUK AND DISTRICT. ... PETITIONERS (BY SRI B.M. IRISHAD AHMED, ADV.) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY DEPARTMENT OF PANCHAYAT RAJ MULTISTORIED BUILDING BENGALURU. 2. THE STATE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY K.S.C.M.F. BUILDING NO.8, 1 ST FLOOR CUNNINGHAM ROAD BENGALURU. 3. THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE. 4. THE ELECTION OFFICER FOR ADHYAKSHA AND UPADHYAKSHA KOORGALLI GRAMA PANCHAYAT CUM THE SOCIAL WELFARE OFFICER MYSORE TALUK MYSORE. 5. THE KOORGALLI GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY KOORGALLI, YELAWALA HOBLI MYSORE TALUK MYSORE DISTRICT. 6 6. SRI T. DEVARAJU THE UPADHYAKSHA KOORGALLI GRAMA PANCHAYAT KOORGALLI, YELAWALA HOBLI MYSORE TALUK AND DISTRICT. ... RESPONDENTS (BY SRI D. ASHWATHAPPA, A.G.A. FOR R-1, 3 & 4; SRI K.N. PHANINDRA, ADV. FOR R-2; SRI B.J. SOMAYAJI, ADV. FOR R-5; AND R-6: SERVED) * * * THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED PROCEEDINGS AND ORDER DATED 8-7-2015 AND 15-7-2015, PASSED BY THE RESPONDENT NO.4 ELECTION OFFICER [ANNEXURES-C & D] IN SO FAR AS IT PERTAINS TO THE OFFICE OF UPADHYAKSHA ULTRAVIRES THE PROVISIONS CONTEMPLATED UNDER THE KARNATAKA PANCHAYAT RAJ [ELECTION OF ADHYAKSHA AND UPADHYAKSHA OF GRAMA PANCHAYAT] RULES, 1995, AND ETC. THESE WRIT PETITIONS COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R Although the notice on respondent No.6 has been served, no one has appeared before this Court on behalf of respondent No.6. 7 2. The petitioners have challenged the order dated 15-7-2015 whereby the respondent No.4 had declared the respondent No.6, Mr. T. Devaraju, as being elected in the post of Upadhyaksha of Koorgalli Grama Panchayat. 3. The learned counsel for the petitioners submits that Mr. Mahadev P. had challenged the election of Mr. T. Devaraju before the Court of Principal Senior Civil Judge at Mysuru by filing a Election Petition, namely E.P. No.1 of 2015. By order dated 10-9-2015, the learned Election Tribunal has set-aside Mr. T. Devaraju’s election as Upadhyaksha for the said Grama Panchayat. However, despite the order passed by the learned Election Tribunal, the Election Commission is yet to hold the election for Upadhyaksha for the said Grama Panchayat. In order to buttress his contention, the learned counsel has submitted the order dated 10-9-2015 along with I.A. No.2 of 2015. 8 4. Mr. K.N. Phanindra, the learned counsel for the Election Commission, assures this Court that since the election has been set aside by the learned Tribunal, the Election Commission has directed the Deputy Commissioner to hold re-election to the post of Upadhyaksha for the said Grama Panchayat in accordance with law. 5. In this view, no further direction needs to be issued by this Court. This Court accepts the undertaking given by the learned counsel for the Election Commission. Accordingly, the petitions stand disposed of . Sd/- JUDGE kvk .