1 in the High Court of Karnataka at Bengaluru

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08 TH DAY OF FEBRUARY 2016 BEFORE THE HON’BLE MR. JUSTICE L NARAYANA SWAMY WP NO.58149/2013 (LB-ELE) BETWEEN: B B SIDDALINGA MURTHY S/O BALAIAH AGED 57 YEARS R/AT UPPINAHALLI KONDIGATTA POST KIBBANAHALLI HOBLI TIPTUR TALUK TUMKUR DISTRICT ... PETITIONER (BY SRI: S N BHAT, ADV) AND: 1. THE RETURNING OFFICER Y S PATIL, AGE:MAJOR ASSISTANT COMMISSIONER ZILLAPANCHAYATH CONSTITUENCY TIPTUR 572 201 2. SRI ANAND RAVI N R S/O RAMAIAH, AGE:MAJOR KODIHALLI VILLAGE NONAVINAKERE HOBLI TIPTUR TALUK 572 201 3. RAVEESH K H S/O HALAPPA AGED ABOUT 47 YEAS 2 R/AT KUNDUR VILLAGE KIBBANAHALLI HOBLI TIPTUR TALUK 572 201 4. RAVINDRAKUMAR S/O VENKATARAMAIAH AGED 44 YEARS R/AT BILIGERE VILLAGE KIBBANAHALLI HOBLI TIPTUR TALUK 572 201 5. B M LINGARAJU S/O MAHALINGAIAH AGED 42 YEARS R/AT BILIGERE VILLAGE KIBBANAHALLI HOBLI TIPTUR TALUK 572 201 ... RESPONDENTS (BY SRI: H D AMARNATHAN, ADV FOR R2, R1, 4 & 5 – SERVED, R3 – ACK FILED FOR HAVING SERVED HAND SUMMONS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE SR. CIVIL JUDGE AND JMFC AT TIPTUR IN ELECTION PETITION NO.1/2011 DATED 22.04.2013 IN ANNEXURE-C AND ORDER PASSED BY THE 5H ADDL. DISTRICT & SESSION JUDGE AT TIPTUR IN ELECTION PETITION APPEAL NO.10001/2013 DATED 25.11.2013 IN ANNEXURE-D AND FURTHER DIRECT THE R-1 TO DECLARE THAT THE PETITIONER HAD GOT ELECTED TO THE ZILLA PANCHAYATH ELECTION HELD ON 26.12.2010 TO KIBBANAHALLI-31 CONSTITUENCY - TUMKUR DISTRICT. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:- 3 O R D E R The petitioner claims that he was one of the candidate to the Kibbanahalli Constituency of Tumkur Zilla Panchayath for the election held on 26.12.2010. It is stated by the petitioner that the returning officer without following the procedure as contemplated under the KPR (conduct of Election) Rules had rejected 17 out of the 19 ballots and therefore, the said act of the returning officer has affected the petitioner’s prospects in winning the election. 2. Learned Counsel for the petitioner submits that the returning officer has not followed the prescribed procedure and therefore, seeks to set aside the order passed by the Senior Civil Judge and JMFC, at Tiptur in Election Petition No.1/2011 dated 22.04.2013 and also the order passed by the V Addl. District and Sessions Judge, Tiptur in Election Petition Appeal No.10001/2013 dated 25.11.2013. He further seeks to direct the respondent No.1 - the returning officer of Zilla Panchayath Constituency, Tiptur to declare that the petitioner had got elected to the Zilla Panchayath election held on 26.12.2010 to Kibbanahalli-31 constituency, Tumkur District. 4 3. On hearing the learned Counsel appearing for both the parties, it is seen that the prayer of the petitioner does not survive for consideration since the same having become infructuous as further notification has been issued and election is to be held on 13.02.2016 as the election conducted in the year 2010 had already been expired. Under these circumstances, the prayer made by the petitioner seeking for a declaration to declare him to be the elected candidate does not survive for consideration. The petition is dismissed, accordingly. Sd/- JUDGE *bgn/- .

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