IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.38578 OF 2016 (GM-RES) BETWEEN:
MR.ANUP KUMAR SHETTY AGED ABOUT 32 YEARS S/O KARUNAKAR SHETTY NEELAVARA POST AND VILLAGE YELLAMPALLY UDUPI – 576 213.
(By Mr.NISHANTH A.V., ADV.) AND:
1. THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN, ASHOKA MARG NEW DELHI – 110001 REPRESENTED BY CHIEF ELECTION COMMISSIONER OF INDIA.
2. KUM.SHOBHA KARNDLAJE MEMBER OF PARLIAMENT D/O LATE MONAPPA GOWDA AGED ABOUT 47 YEARS NO.5, 9TH CROSS, KUMARA PARK WEST RAILWAY PARALLAL ROAD BENGALURU – 560 002.
(amended v/o dated 18.7.2016) … PETITIONER (By Mr.S.R.DODAWAD, ADV. R-1 Mr.S.V.SRINIVAS AND Mr.Bharath M, ADVS. FOR R-2) … RESPONDENTS - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT TO CONSIDER THE PETITION NO.
/2014 (UN-NUMBERED) DATED: 18.11.2014 VIDE ANNEX-A, AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Nishanth A.V., learned counsel for the petitioner.
Sri.S.R.Dodawad, learned counsel for the respondent No.1.
Sri.S.V.Srinivas and Sri.Bharath M., learned counsel for the respondent No.2.
Record perused.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for a direction to the respondent No.1 to consider the petition under Section 10A of the Representation of People Act, 1951, for declaring the respondent No.2 as disqualified from being a Member of Parliament.
4. It is pertinent to note that the respondent No.2 was elected as Member of Parliament in the elections held in the year 2014. The term of the office of the respondent No.2 has virtually come to an end as fresh elections for the Lok Sabha have already been notified and the process of election is already commenced. Therefore, no effective relief in this petition can be granted to the petitioner.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV