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IN the HIGH COURT of KARNATAKA at BENGALURU DATED THIS the 27Th DAY of NOVEMBER 2015 BEFORE the HON'ble MR.JUSTICE RAGHVENDRA

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IN the HIGH COURT of KARNATAKA at BENGALURU DATED THIS the 27Th DAY of NOVEMBER 2015 BEFORE the HON'ble MR.JUSTICE RAGHVENDRA 1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27 th DAY OF NOVEMBER 2015 BEFORE THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN WRIT PETITION Nos.37111-37115/2015 c/w WRIT PETITION Nos.38001-38002/2015, 38074/2015 37949-37951/2015 , 38522-23/2015, 40453/2015, 39123/2015 AND 42084/2015 (LB-ELE) IN WP Nos. 37111-37115/ 2015 : BETWEEN: 1. SMT. PRAMILA M. W/O ANAND V, AGED ABOUT 49 YEARS, NO.40, 5 TH MAIN, KRISHNAPPA BLOCK, GANGANAGAR EXTN., BANGALORE-560032. 2. SMT. PRATHIMA R, W/O RAMESH KS, AGED ABOUT 27 YEARS, NO.136, 6 TH MAIN, MEENAKSHI NAGAR, KAMAKSHI PALYA, BENGALURU-560 057. 3. SMT. DEEPA NAGESH W/O. GP NAGESH, AGED ABOUT 35 YEARS, NO.375, 57 TH CROSS, 3RD BLOCK, RAJAJINAGAR, BANGALORE-560 010. 4. SMT. UMAVATHI PADMARAJ, W/O. SH PADMARAJ, AGED ABOUT 42 YEARS, NO.1077, 6 TH MAIN, 3RD STAGE, 3 RD BLOCK, SANEGURUVANAHALLI, BASAVESHWARANAGAR, BANGALORE-560079. 2 5. SMT. KUMARI PALANIKANTH, W/O. L PALANIKANTH, AGED ABOUT 42 YEARS, NO.22, 1 ST CROSS, BHASHYAM NAGAR, SRIRAMPURAM, BANGALORE-560021. ... PETITIONERS (BY SRI. ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SRI.R.SUBRAMANYA, ADV. FOR PETITIONER NOS.1 TO 3 SRI. K.G.RAGHAVAN SR. ADVOCATE FOR Mr.TEJASWI SURYA, ADV. FOR PETITIONER NOS. 4 & 5) AND: 1. STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. BRUHAT BANGALORE, MAHANGARA PALIKE, NR SQUARE, BENGALURU-560001, REPRESENTED BY ITS COMMISSIONER. 3. REGIONAL COMMISSIONER, BENGALURU DIVISION, BENGALURU-560001. 4. UNION OF INDIA DEPARTMENT OF LAW & JUSTICE NEW DELHI-1 REPRESENTED BY ITS SECRETARY. 5. SHRI. B.N. MANJUNATHA REDDY, S/O. LATE NARAYANA REDDY, AGE :53 YEARS, MAYOR, BRUHAT BENGALURU MAHANAGAR PALIKE, COUNCILOR, WARD NO. 172, MADIVALA, BTM LAYOUT, BENGALURU. R/A NO. 84/19, 1 ST MAIN ROAD, 6TH CROSS, MARUTHI NAGAR, MADIVALA, BENGALURU-560068. 3 6. SMT. S.P. HEMALATHA, W/O.K. GOPALAIAH, AGE: 41 YEARS, DEPUTY MAYOUR OF THE BRUHAT BENGALURU MAHANAGAR PALIKE, COUNCILOR, WARD NO.102, RUSHABHAVATHI NAGAR, MAHALAKSHMI PURAM, BENGALURU. R/A NO.91/2, 11 TH MAIN, RUSHABHAVATHI NAGAR, MAGADI MAIN ROAD, BENGALURU-560079. AMENDED VIDE ORDER DATED 29.09.2015 ON I.A. NO. 4/2015 ... RESPONDENTS (BY PROF. RAVIVARMA KUMAR ADV. GENERAL AND SRI.D.ASHWATHAPPA, AGA FOR R1& 3 SRI. S. VIJAY SHANKAR, SR. ADVOCATE FOR SRI.K.N.PUTTEGOWDA, ADV. FOR R2 SRI. UDYA HOLLA SR. ADVOCATE FOR SRI.D.SRINIVAS MURTHY, ADV. FOR R5 AND R6 SRI. KRISHNA DIXIT, CGSC FOR R4 ) THESE WRIT PETITIONS ARE FILED PRAYING TO ISSUE A WRIT DECLARING SEC.7 OFTHE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976 INSOFAR AS IT ENABLES THE MEMBER OF THE HOUSE OF THE PEOPLE, MLA, MEMBERS OF LEGISLATIVE COUNCIL AND MEMBERS OF COUNCIL OF STATES TO VOTE IN THE MEETING CALLED FOR THE PURPOSE OF THE ELECTING THE OFFICES OF MAYOR, DY. MAYOR AND OTHER OFFICE BEARERS OF THE CORPORATION, AS UNCONSTITUTIONAL AND ISSUE A WRIT DECLARING THAT THE ISSUES RELATING TO ELECTION OF MAYOR AND DEPUTY MAYOR MORE PARTICULARLY AND THE ELECTION OF CHAIRMAN AND MEMBERS OF THE STANDING COMMITTEES HAS TO BE DONE ONLY ON THE BASIS OF THE VOTES CAST BY THE DIRECTLY ELECTED COUNCILLORS AND NOT ON THE BASIS OF THE VOTES GIVEN BY THE MP, MLA, MLCS AND ETC. WRIT PETITION Nos.38001-38002/2015, BETWEEN: 1. MR. ANAND C. HOSUR, S/O.C.G.HOSUR, AGED ABOUT 44 YEARS, BUSINESS, DOOR NO. 1804/7, KUTEERA APARTMENT, 10 TH CROSS, 5 TH MAIN, HAMPI NAGARA, BENGALURU-560040. 4 2. MRS. SHILPA SRIDHAR, W/O MR SRIDHAR K. M. AGED ABOUT 28 YEARS, R/AT NO. 77/P, 17 TH CROSS, 4TH STAGE, 4 TH BLOCK, WEST OF CHORD ROAD, BENGALURU-560079. ... PETITIONERS (BY SRI.GURUMATH GANGADHAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDAKAR VEEDHI, BENGALURU-560001, REPRESENTED BY ITS, PRINCIPAL SECRETARY. 2. BRUHAT BANGALORE MAHANGARA PALIKE, N.R.SQUARE, BENGALURU-560001, REPRESENTED BY ITS COMMISSIONER. 3. THE REGIONAL COMMISSIONER, BENGALURU DIVISION, BENGALURU-560001. ... RESPONDENTS (BY PROF. RAVIVARMA KUMAR ADV. GENERAL AND SRI.D.ASHWATHAPPA, AGA FOR R1& 3 SRI. S. VIJAY SHANKAR, SR. ADVOCATE FOR SRI.K.N.PUTTEGOWDA AND SRI.SRINIDHI .V, ADVS. FOR R2) THESE WRIT PETITIONS ARE FILED PRAYING TO DECLARE THAT EX-OFFICIO MEMBERS UNDER SECTION 7(C) & (D) DO NOT HAVE RIGHT TO VOTE IN THE ELECTION OF THE MAYOR/DY. MAYOR AND STANDING COMMITTEES AND ETC., WP No. 38074 /2015 BETWEEN: ABRAHAM T.J. ANTI-CORRUPTION ACTIVIST, S/O. LATE JOSEPH T.A, AGED ABOUT 54 YEARS, #2336, "ASHIRWAD" 2 ND "A" CROSS, 16 TH "B" MAIN, HAL 2 ND STAGE, 5 INDIRANAGARA, BANGALORE 560008. ... PETITIONER (BY SRI.T J ABRAHAM, PARTY-IN-PERSON) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU 560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. BRUHAT BANGALORE MAHANAGARA PALIKE, NR SQUARE, BENGALURU 560001, REPRESENTED BY ITS COMMISSIONER. 3. REGIONAL COMMISSIONER, BENGALURU DIVISION, 2ND FLOOR, BMTC BUILDING, K.H. ROAD, SHANTHINAGARA, BENGALURU 560001. 4. UNION OF INDIA MINISTRY OF LAW AND JUSTICE 4TH FLOOR, ‘A’ WING, SHASTRI BHAVAN, NEW DELHI – 110 001. REP. BY ITS SECRETARY RESPONDENT NO.4 IMPLEADED VIDE ORDER ON I.A.-1/2015 DATED 09.10.2015) ... RESPONDENTS ( BY PROF. RAVIVARMA KUMAR ADV. GENERAL AND SRI.D.ASHWATHAPPA, AGA FOR R1& 3 SRI. S. VIJAY SHANKAR, SR. ADVOCATE FOR SRI.SRINIDHI .V, ADV. FOR R2) SRI. KRISHNA S. DIXIT, CGSC FOR R4) THIS WP FILED PRAYING TO DECLARE ARTICLE 242R OF THE CONSTITUTION AND THE SEVENTY THIRD AMENDMENT OF THE CONSTITUTION 1992 AS VIOLATIVE OF THE BASIC STRUCTURE OF THE CONSTITUTION, AS PROVIDED FOR IN THE DECISION OF KESAVANANDA BHARATI VS. STATE OF KERALA [1973] 4 SCC 225 IN SOFARAS IT ALLOWS VOTING RIGHTS FOR MPS, MLC'S AND MLA'S IN FUNCTIONING OF THE MUNICIPAL CORPORATION, WHICH IS ALSO EXTENDED AND ALLOWED IN THE ELECTION FOR THE POST OF MAYOR, DEPUTY MAYOR AND CHAIRPERSONS OF STANDING COMMITTEES AND ETC. 6 WRIT PETITION Nos.37949-37951/2015 BETWEEN: 1. GULIHATTI D. SHEKAR, S/O. LATE DIVAKARAPPA, AGED ABOUT 46 YEARS, EX-MLA & FORMER MINISTER, GULIHATTI-BOVIHATTI, DODDAGANTA POST, HOSADURGA TALUK, CHITRADURGA DISTRICT. 2. D.R. RAMESH, S/O. RAMACHANDRAPPA, AGED 33 YEARS, NO.50/2, MALLATHAHALLI-KENGUNTE, JANATHA COLONY, GNABHARATHI WARD-129, BENGALURU-560 056. 3. S. S.KALMAT S/O LATE SIDDAIAH KALMAT, AGED 59 YEARS, ADVOCATE, EX-MANDAL PANCHAYAT MEMBER, DEVAPURA VILLAGE & POST, HOSADURGA TALUK, CHITRADURGA DISTRICT. ... PETITIONERS (BY SRI.D.R. RAVISHANAR, ADV. FOR AMRUTHESH N.P., ADVS.) AND: 1. THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU – 560001, REP BY ITS PRINCIPAL SECRETARY. 2. BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) N.R.SQUARE, BENGALURU – 560002, REP BY ITS COMMISSIONER. 3. THE REGIONAL COMMISSIONER, BENGALURU DIVISION, BENGALURU – 560001. 7 4. M. VEERAPPA MOILY, MEMBER OF PARLIAMENT, CHIKKABALLAPURA PARLIAMENTARY CONSTITUENCY, NO.1, MLA LAYOUT, RT NAGARA, BENGALURU – 560032. 5. D.K.SURESH, MEMBER OF PARLIAMENT, BENGALURU RURAL PARLIAMENTARY CONSTITUENCY, DODDA HALAHALLI, UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-570002 6. G. RAGHU ACHAR, MEMBER OF LEGISLATIVE COUNCIL, FROM CHITRADURGA DISTRICT LOCAL BODY, NO.21, AMBALIPURA, AGARA POST, SARJAPURA MAIN ROAD, BENGALURU-560072 7. V.S.UGRAPPA, NOMINATED MEMBER OF LEGISLATIVE COUNCIL, NO.1093, 19 TH CROSS, 3 RD SECTOR, HSR LAYOUT, BENGLURU – 560102. 8. DR. JAYAMALA RAMACHANDRA, NOMINATED MEMBER OF LEGISLATIVE COUNCIL, NO 496, 6 TH MAIN, DOLLARS COLONY, RMV II STAGE, BENGLAURU – 560094. 9. SMT. TARA ANURADHA, NOMINATED MEMBER OF LEGISLATIVE COUNCIL, NO. 278,CHIGURU, 15 TH CROSS, V PHASE, BENGALURU – 560078. 10. SMT. VINITHA NERO, MEMBER OF LEGISLATIVE ASSEMBLY, NOMINATED UNDER ANGLO INDIAN REPRESENTATIONS, NO 37/1, 6 TH CROSS, HUCCHINS ROAD, ST. THOMAS TOWN, BENGALURU - 560 084. ... RESPONDENTS (BY PROF. RAVIVARMA KUMAR ADV. GENERAL AND SRI.D.ASHWATHAPPA, AGA FOR R1& 3 SRI. S. VIJAY SHANKAR, SR. ADVOCATE FOR SRI.K.N.PUTTEGOWDA, ADV. FOR R2) 8 THESE WPs ARE FILED PRAYING TO DECLARE SECTION 7 OF THE KARNATAKA MUNICIPAL CORPORATION ACT, 1976 IN SO FAR AS IT ENABLES THE MEMBER OF THE HOUSE OF THE PEOPLE, MLA, MEMBERS OF LEGISLATIVE COUNCIL AND MEMBERS OF COUNCIL OF STATES TO VOTE IN THE MEETING CALLED FOR THE PURPOSE OF THE ELECTING THE OFFICES OF MAYOR, DEPUTY MAYOR AND OTHER OFFICE BEARERS OF THE CORPORATION, AS UNCONSTITUTIONAL AND ETC. WP Nos. 38522-38523/2015 BETWEEN 1. SRI. M.VENKATESH, S/O. LATE M. MUNISWAMY, AGED ABOUT 40 YEARS R/AT NO 34, 36 TH CROSS, 9TH BLOCK, JAYANAGAR BENGALURU – 560041. 2. SRI K.V.PATEL RAJU, S/O LATE VARADARAJU, AGED ABOUT 46 YEARS KPCC MEMBER, R/AT G6, 21 ST MAIN ROAD, J.P.NAGAR, 2 ND PHASE, MARENAHALLI, BENGALURU – 560078. ... PETITIONERS (By Sri. S N SAMEER, ADVOCATE) AND 1. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT , VIDHANA SOUDHA, DR AMBEDKAR VEEDHI BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY. 2. BRUHATH BENGALURU MAHANAGAR PALIKE, N.R.SQUARE, BANGALORE - 560002 REP. BY ITS COMMISSIONER. 3. THE REGIONAL COMMISSION, BANGALORE DIVISION, BENGALURU – 560015 REP. BY REGIONAL COMMISSIONER, 9 4. THE STATE ELECTION COMMISSION, KMFC BUILDING, CUNNINGHAM ROAD, BENGALURU-560001 REP. BY STATE ELECTION COMMISSIONER. 5. THE ELECTROL REGISTRATION OFFICER OF STATE (ELECTION COMMISSIONER OF INDIA) SESHADRI ROAD, BENGALURU-560001 6. THE DISTRICT ELECTROL REGISTRATION OFFICER, KOLAR DISTRICT, KOLAR-563101. 7. THE DISTRICT ELECTROL REGISTRATION OFFICER, TUMKUR DISTRICT, TUMKUR-572101 8. SRI. JAGGESH, M. L. C. S/O SHIVALINGAPPA, AGED ABOUT 55 YEARS NO. 106/32, MALLESHWARAM, BENGALURU - 560 003. 9. SRI. D.S.VEERAIAH M.L.C S/O. D. SIDDAIAH, AGED ABOUT 66 YEARS NO 73-1, VIJAYANAGAR, BENGALURU - 560 040.
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