IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No. 14517/2017(LB-ELE) BETWEEN:
MRS. AMMU KUTTY AGED ABOUT 55 YEARS W/O SRI.V.E.DASAN PATTE HOUSE, SUNKADAKATTE POST AITHOOR VILLAGE PUTTUR TALUK, D.K.-574230.
... PETITIONER (BY SRI.PRAVEEN KUMAR K.N., ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT VIDHAN SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001.
2. THE STATE ELECTION COMMISSION NO.8, 1ST FLOOR, KSCMF BUILDING ANNEX CUNINGHAM ROAD, VASANTH NAGAR BENGALURU, KARNATAKA-560 052. REPRESENTED BY STATE ELECTION COMMISSIONER.
3. THE ELECTROL OFFICER CUM PDO AITHOOR VILLAGE PANCHAYATH PUTTUR TALUK DK-574230.
4. THE CHIEF EXECUTIVE OFFICER D.K. ZILLA PANCHAYATH D.K.DISTRICT, MANGALURU-575001.
5. SMT. SAVITHRI AGED 50 YEARS D/O N.C.CHENNAPPA GOWDA BETHODY HOUSE, AITHOOR VILLAGE SUNKADAKATTE POST, PUTTUR TALUK-574230.
... RESPONDENTS (BY SRI. ANANDESWARA, D.R. HCGP, FOR R1, SRI.K.N.PHANINDRA, ADV. FOR R2, SRI.G.BALAKRISHNA SHASTRY, ADV. FOR R5, R3 & R4 IS SERVED.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE R-5 IS NOT QUALIFIED TO SIT AS A MEMBER OF GRAM PANCHAYATH AITHOOR SINCE SHE DO NOT BELONG TO RESERVATION CATEGORY A AND CONSEQUENTLY TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ELECTION OF R-5 FOR GRAM PANCHAYATH ELECTION HELD TO AITHOOR VILLAGE PANCHAYATH AS PER RULE 7(ii)(a) OF KARNATAKA PANCHAYATH (HOLDING OF ELECTION) RULES 1993, DECLARED TO BED ELECTED BY R-4 AS PER HIS DECLARATION DATED:05.06.2015 AT ANNEXURE-A;
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The learned counsel appearing for the petitioner has filed a memo seeking permission to withdraw the petition with liberty to approach this Court, if need arises.
The memo is taken on record.
Accordingly, the writ petition is dismissed as withdrawn with liberty as prayed for.
Registry is directed to return the documents to the learned counsel appearing for the petitioner after retaining the photo copies of the said documents.
Sd/- JUDGE DM