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IN THE HIGH COURT OF DHARWAD BENCH

DATED THIS THE 24 th DAY OF FEBRUARY 2015

BEFORE

THE HON’BLE MR.JUSTICE A.N. VENUGOPALA GOWDA

Writ Petition Nos.111560-111619/2014 (GM-KSR)

BETWEEN

1. GANGAMMA S PATIL D/O SOMAPPA PATIL, ASSISTANT TEACHER, AGE: 31 YEARS, KHPS , TQ: DIST: .

2. RAVINDRA D DALAWAYI S/O DEMAPPA DALAWAYI ASSISTANT TEACHER, AGE: 49 YEARS, KLPS HEGGERI, TQ: DIST: BELGAUM.

3. PANKRIES J DIAS S/O JOUVAN ASSISTANT TEACHER, AGE: 52 YEARS, MHPS KALAKAMB, TQ: DIST: BELGAUM.

4. VANDANA B PATIL D/O BASAPPA PATIL ASSISTANT TEACHER, AGE: 55 YEARS, KHPS KANGRALI K H, TQ: DIST: BELGAUM.

5. MRUTUNJAY D S/O DUNDAPPA ASSISTANT TEACHER, AGE: 38 YEARS, KHPS BEKKINAKERI, TQ: DIST: BELGAUM

6. RACHAPPA B KAMMBAR S/O BASAVANI ASSISTANT TEACHER, AGE: 28 YEARS, KHPS HUDDALI, TQ: DIST: BELGAUM. : 2 :

7. GIRIPPA S NELGUDD S/O SIDDAPPA ASSISTANT TEACHER, AGE: 27 YEARS, KHPS , TQ: DIST: BELGAUM.

8. SHRIDEVI Y S/O YALLAPPA ASSISTANT TEACHER, AGE: 37 YEARS, KHPS KADOLLI, TQ: DIST: BELGAUM.

9. VIJAYA D KORI D/O DUNDAPPA ASSISTANT TEACHER, AGE: 48 YEARS, KHPS KADOLLI, TQ: DIST: BELGAUM.

10. AMIT S HASURE S/O SHARAB ASSISTANT TEACHER, AGE: 32 YEARS, KHPS DHARANATTI, TQ: DIST: BELGAUM

11. RAJANIDEVI D PATTATH S/O DURADUNDESHWARYA ASSISTANT TEACHER, AGE: 52 YEARS, KHPS , TQ: DIST: BELGAUM

12. DUNDAYYA V CHIKAMATH S/O VIRAYYA ASSISTANT TEACHER, AGE: 45 YEARS, ULPS SHINDOLLI, TQ: DIST: BELGAUM

13. C V KOTGI D/O VIRABADRAYYA HEAD MASTER, AGE: 56 YEARS, KHPS MUTAGA, TQ: DIST: BELGAUM

14. YALLAPPA B NAVI S/O BASAVANEPPA ASSISTANT TEACHER, AGE: 43 YEARS, KHPS KANGRALI K H I, : 3 :

TQ: DIST: BELGAUM

15. SHOBHA L BANDAKANAVAR D/O LINGAPPA ASSISTANT TEACHER, AGE: 40 YEARS, KHPS KANGRALI K H, TQ: DIST: BELGAUM.

16. RAVIKUMAR A GUDADARI S/O ADIVEPPA ASSISTANT TEACHER, AGE: 30 YEARS, KHPS SUTAGATTI, TQ: DIST: BELGAUM.

17. PARAPPA A ROTTI D/O ANNAPPA ASSISTANT TEACHER, AGE: 31 YEARS, KHPS SUTAGATTI, TQ: DIST: BELGAUM.

18. PRABHU G VALYAPURE S/O GOVIND ASSISTANT TEACHER, AGE: 31 YEARS, KHPS SUTAGATTI, TQ: DIST: BELGAUM.

19. AJIT Y JAKKANAVAR S/O YALLAPPA ASSISTANT TEACHER, AGE: 32 YEARS, KHPS GOJAGA, TQ: DIST: BELGAUM.

20. TUKARAM S PATIL D/O SHANKAR ASSISTANT TEACHER, AGE: 27 YEARS, KHPS PANGUTTI, TQ: DIST: BELGAUM

21. SUNIL M KOLADUR S/O MARUTI ASSISTANT TEACHER, AGE: 39 YEARS, KHPS HARANAKOL, TQ: DIST: BELGAUM

22. ADIVEPPA K BHAJANTRI S/O KEMPANNA ASSISTANT TEACHER, AGE: 33 YEARS, KHPS TUMARAGUDI, TQ: DIST: BELGAUM : 4 :

23. ADIVEPPA B CHAYAPPAGOL S/O BALAPPA ASSISTANT TEACHER, AGE: 43 YEARS, KHPS KANAGAON BK, TQ: DIST: BELGAUM

24. KEDARI L GUNJIKAR S/O LAXMAN ASSISTANT TEACHER, AGE: 31 YEARS, MHPS KUDREMANI, TQ: DIST: BELGAUM.

25. L A LUES D/O A ASSISTANT TEACHER, AGE: 48 YEARS, KLPS KALENATTI, TQ: DIST: BELGAUM

26. SANAYALAPPA R S/O HANAMANT ASSISTANT TEACHER, AGE: 33 YEARS, KLPS H , TQ: DIST: BELGAUM

27. ADIVEPPA P MALANAVAR S/O PATREPPA ASSISTANT TEACHER, AGE: 34 YEARS, KHPS BK, TQ: DIST: BELGAUM

28. RENUKA D S/O DUNDAPPA ASSISTANT TEACHER, AGE: 31 YEARS, MHPS KUDREMANI, TQ: DIST: BELGAUM

29. VIRABADRA S S/O SOMASHEKAR ASSISTANT TEACHER, AGE: 38 YEARS, KHPS HUDLI, TQ: DIST: BELGAUM

30. RAVINDRA R PATIL S/O RAMANGOUDA ASSISTANT TEACHER, AGE: 32 YEARS, KLPS GOUNDWAD, TQ: DIST: BELGAUM. : 5 :

31. V B KANABARGI S/O BALAKRISHNA AGE: 36 YEARS, KHPS HUDLI, TQ: DIST: BELGAUM.

32. N M D/O MALLAPPA ASSISTANT TEACHER, AGE: 31 YEARS, MHPS BAKANNUR, TQ: DIST: BELGAUM

33. LAXMIKANT C PATTANASHETTI S/O CHANDRASHEKAR ASSISTANT TEACHER, AGE: 31 YEARS, KHPS , TQ: DIST: BELGAUM.

34. VANDANA S KARADE D/O SAMBAJI ASSISTANT TEACHER, AGE: 31 YEARS, KLPS ANKALAGI, TQ: DIST: BELGAUM

35. BASAVARAJ Y GANIGER S/O YALLAPP ASSISTANT TEACHER, AGE: 42 YEARS, KHPS KALAKAMB, TQ: DIST: BELGAUM.

36. TAHERABEGAM A JAMADAR D/O ABDUL ASSISTANT TEACHER, AGE: 25 YEARS, UHPS HIREBAGEWADI, TQ: DIST: BELGAUM.

37. NILOFER I NIPPANIKAR D/O ISMAIL ASSISTANT TEACHER, AGE: 35 YEARS, UHPS HIREBAGEWADI, TQ: DIST: BELGAUM.

38. TABSUM B MULLA D/O BASIRAHMED ASSISTANT TEACHER, AGE: 28 YEARS, UHPS HIREBAGEWADI, TQ: DIST: BELGAUM.

39. TARANAM A NABUWALE D/O ABDULMAJID ASSISTANT TEACHER, AGE: 27 YEARS, UHPS HIREBAGEWADI, : 6 :

TQ: DIST: BELGAUM.

40. B I KENCHANGOUDAR S/O ISHWARAPPA ASSISTANT TEACHER, AGE: 29 YEARS, KLPS MASTIHOLLI, TQ: DIST: BELGAUM

41. PARAVIBANU A MULLA D/O ABDUL ASSISTANT TEACHER, AGE: 34 YEARS, UHPS , TQ: DIST: BELGAUM

42. ASHA R JIRAGE D/O RAJU ASSISTANT TEACHER, AGE: 48 YEARS, ULPS K K KOPP, TQ: DIST: BELGAUM.

43. BASAVARAJ S SUNGARI S/O SHIVAPPA ASSISTANT TEACHER, AGE: 32 YEARS, KHPS BUTRAMATTI, TQ: DIST: BELGAUM.

44. POMANA N BENAKE S/O NARAYAN ASSISTANT TEACHER, AGE: 46 YEARS, MHPS , TQ: DIST: BELGAUM.

45. MANGAL T SHINDE D/O TUKARAM ASSISTANT TEACHER, AGE: 48 YEARS, MHPS BASTAWAD, TQ: DIST: BELGAUM.

46. P K ATTUGOL S/O KENCHAPPA ASSISTANT TEACHER, AGE: 35 YEARS, KHPS GANDI NAGAR, TQ: DIST: BELGAUM.

47. JYOTHI R SHET D/O RAMACHANDRA ASSISTANT TEACHER, AGE: 34 YEARS, KHPS BUTRAMATTI, TQ: DIST: BELGAUM. : 7 :

48. SUDEENDRA P HAMBAR S/O PRALHAD ASSISTANT TEACHER, AGE: 30 YEARS, KHPS BUTRAMATTI, TQ: DIST: BELGAUM.

49. SULABA K NAVAGEKAR D/O ANNAPPA ASSISTANT TEACHER, AGE: 47 YEARS, MHPS BASTAWAD, TQ: DIST: BELGAUM.

50. SHRISHAIL S YADAVINAYKAR S/O SHANKAR ASSISTANT TEACHER, AGE: 31 YEARS, KHPS BUTRAMATTI, TQ: DIST: BELGAUM.

51. NAGAVVA H HORAKERI D/O HANAMANT ASSISTANT TEACHER, AGE: 29 YEARS, KHPS B HOSUR, TQ: DIST: BELGAUM.

52. S B JADHAV D/O BASAVARAJ ASSISTANT TEACHER, AGE: 46 YEARS, KHPS , TQ: DIST: BELGAUM.

53. R G HALLYL D/O GURUPADAPPA ASSISTANT TEACHER, AGE: 45 YEARS, KHPS HONAGA, TQ: DIST: BELGAUM.

54. SHIVANAND N PADENAVAR S/O NIGAPPA ASSISTANT TEACHER, AGE: 30 YEARS, KHPS , TQ: DIST: BELGAUM.

55. SWETA S D/O SIDAPPA ASSISTANT TEACHER, AGE: 26 YEARS, KHPS KUKADOLLI, TQ: DIST: BELGAUM

56. NEMANA B DODAMANI S/O BASANEPPA ASSISTANT TEACHER, AGE: 35 YEARS, KHPS KUKADOLLI, : 8 :

TQ: DIST: BELGAUM

57. S B MADIWALAR S/O BASAVANT ASSISTANT TEACHER, AGE: 25 YEARS, KHPS HONAGA, TQ: DIST: BELGAUM

58. ASIF U S/O USHAMANALI ASSISTANT TEACHER, AGE: 34 YEARS, KHPS ANKALGI, TQ: DIST: BELGAUM.

59. BEBI D TALAWAR S/O DURGAPPA ASSISTANT TEACHER, AGE: 27 YEARS, KHPS BENDIGERI, TQ: DIST: BELGAUM

60. T F D/O FAKIRAPPA ASSISTANT TEACHER, AGE: 35 YEARS, KHPS GANDI NAGAR, TQ: DIST: BELGAUM. ...PETITIONERS

(BY SRI. SUNIL S.DESAI, ADVOCATE)

AND

1. THE STATE ELECTION OFFICER, KARNATAKA SANGHA (R), BANGALORE, AND DIRECTOR DEPARTMENT OF PRIMARY OF PRIMARY EDUCATION, DEPARTMENT OF EDUCATION, VIKASA SOUDHA, BANGALORE

2. THE DIRECTOR (PRIMARY EDUCATION) AND ELECTION OFFICER, KARNATAKA STATE PRIMARY SCHOOL TEACHER SANGHA,BANGALORE. 5TH MAIN ROAD, 6TH CROSS GANDHINAGAR BANGALORE.-9

3. THE BLOCK EDUCATION OFFICER BELGAUM RURAL, : 9 :

BELGAUM, DIST: BELGAUM

4. THE PRESIDENT THE KARNATAKA PRIMARY SCHOOL TEACHERS ASSOCIATION, MHPS, BALAGAMATTI, TQ AND DIST: BELGAUM.

5. THE PRESIDENT DISTRICT PRIMARY SCHOOL TEACHERS ASSOCIATION, KGS SAMPGAEN, TQ: BAILHONGAL, DIST: BELGAUM.

6. THE PRESIDENT KARNATAKA STATE PRIMARY TEACHERS ASSOCIATION, 5TH MAIN ROAD, 4TH CROSS, GANDINAGAR, BANGALORE-9. ...RESPONDENTS

(BY SMT. K.VIDYAVATI, AGA FOR R1 & R3 SRI. RAVIRAJ C.PATIL, ADVOCATE FOR R4, R5 & R6 ARE SERVED.)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE CALENDAR OF EVENTS DATED 20.10.2014 AS PER ANNEXURE-F BYH RESPONDENT NO.1 AS ILLEGAL AND VOID APART FROM IN VIOLATION OF THE BYLAWS OF TEH SANGHA, RULES AND REGULATIONS, DECLARE THE NON INCLUSION OF THE LIST OF 240 PERSONS AS PER ANNEXURE-H AS BAD IN LAW AND IN VIOLATION OF PRINCIPAL OF NATURAL JUSTICE AND IN VIEW OF NON CONSIDERATION OF DOCUMENTS AT ANNEXURE-B DATED 09.10.2014 AND DECLARE THE VOTERS LIST AS PER ANNEXUER-G, AS NOT VALID VOTERS LIST FOR THE PURPOSE OF ELECTION AS PER CALENDAR OF EVENTS AS PER ANNEXURE-F DATED 20.10.2014 AND CONSEQUENTLY DIRECT THE RESPONDNETS NO.1 TO 3 TO PREPARE AND PUBLISH A VALID VOTERS LIST OF 1597 INCLUDING 240 LIST AS PER ANNEXURE-H, THEREAFTER PROCEED TO CONDUCT A ELECTIONS IN RESPECT OF "BELGAUM TALUKA PRIMARY SCHOOL TEACHERS SANGH".

THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: : 10 :

ORDER

Heard the learned advocates.

2. These writ petitions are identical to W.P. No.111558/2014 disposed of on 16.01.2015.

3. Since, in pursuance of Annexure-F, election has taken place on 29.11.2014, and in view of the interim order passed on

24.11.2014, these writ petitions do not survive for consideration.

If there is any cause of action for the petitioners to seek setting aside of the election, which has taken place on 29.11.2014 and the consequential declaration, it is open to the petitioners to approach the competent forum for relief.

Ordered accordingly.

SD/- JUDGE Kms Ct: Byg/-