IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No. 50184/2019 (LB-ELE) BETWEEN:
Mrs. Farida Ishtiyakk, Wife of Ishtiyakk Ahmed, Aged about 42 years, Chairman, Standing Committee for Markets, R/a No.10/A, Noha Street, Shivaji Nagar, Bangalore – 560 051. … Petitioner (By Sri Anees Ali Khan, Advocate) AND:
1. The State of Karnataka, Represented by its Principal Secretary, Urban Development Department, 4th Floor, Vikas Soudha, Bangalore – 560 001.
2. The Regional Commissioner, Bangalore Division, Bangalore – 560 002.
3. The Bruhat Bengaluru Mahanagar Palike, Represented by its Commissioner, N.R. Square, Bengaluru – 560 002.
4. The Council Secretary, Bruhat Bengaluru Mahanagar Palike, N.R. Square, Bengaluru – 560 002. … Respondents (By Smt. Prathima Honnapur, AGA for R1 & R2; Sri Aravind M. Neglur, Advocate for R3 & R4) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned notification dated 23.09.2019 issued by the respondent Corporation No.3 vide Annexure-A as being illegal, void and inoperative insofar as they relate to the following Standing Committees of the respondent Corporation. 1. Standing Committee for Markets and etc.
This Writ Petition coming on for preliminary hearing this day, the Court made the following:
ORDER Learned Additional Government Advocate accepts notice for respondents 1 and 2.
Sri. Aravind M. Neglur, learned counsel accepts notice for respondents 3 and 4.
2. Petitioner has challenged the notice dated 23.09.2019, whereby election for the standing committee to the BBMP had been fixed on 01.10.2019. It is stated that no elections have been held for the standing committee on 01.10.2019 in light of interim order granted in connected matters.
3. In light of not holding elections to the standing committee on 01.10.2019, the calendar of events has lapsed. Accordingly, the relief sought for in the present petition does not survive for consideration. Needless to state that in the event of fresh cause of action arising and if the petitioner is so aggrieved, the petitioner is at liberty to approach this Court.
4. Accordingly, the petition is disposed of. The contentions of both parties are kept open.
Sd/- JUDGE VP