IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.5673 OF 2018 AND 5841-5845 OF 2018, 5846- 5848 OF 2018 C/W WRIT PETITION NO.4675 OF 2018 (GM-RES) W.P.Nos.5673 of 2018 and 5841-5845 of 2018, 5846- 5848 of 2018 BETWEEN:
1. HIREMATH AKKAMAHADEVI D/O.VEERASWAMY, AGED ABOUT 40 YEARS, RESIDING AT NO.18, 1ST C MAIN ROAD, GANGANAGAR EXTENSION, BANGALORE-32.
2. PRAKASH M PATIL S/O.MALLANAGOWDA S PATIL, AGED ABOUT 43 YEARS, NO.101, 6TH CROSS, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE-20.
3. B M HALASWAMY S/O.M.VEERAIAH, AGED ABOUT 43 YEARS, NO.101, 6TH CROSS, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE-20.
4. R HEMANTH RAJ S/O.RANGANATH, AGED ABOUT 42 YEARS, NO.101, 6TH CROSS, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE-20.
5. SMT UTTUR PADMAVATHI SURESH W/O.ASHOK PATIL, AGED ABOUT 39 YEARS, NO.22/9, NEHRUNAGAR MAIN ROAD, KUMARA PARK-WEST, BANGALORE-20.
6. ASHOK N PATIL S/O.S.NAGA REDDY, AGED ABOUT 43 YEARS, NO.22/9, NEHRUNAGAR MAIN ROAD, KUMARA PARK WEST, BANGALORE-20.
7. H.V.PARVEEN GOWDA S/O VISHWESHWARAIAH, AGED ABOUT 43 YEARS, R/A NO.10, 2ND FLOOR, 5TH CROSS, LAKSHMI ROAD, SHANTHI NAGAR, BANGALORE-27.
8. HASHMATH PASHA S/O ABDUL SUBHAN, AGED ABOUT 57 YEARS, NO.48, RISALDAR STREET, SESHADRIPURAM, BANGALORE-20.
9. LAKSHMINARAYAN S/O MUDALAGIRIYAPPA, AGE: 42 YEARS, NO.1148, 5TH CROSS, SANAULLA LAYOUT, SULTANA PALYA, R.T.NAGARA, BANGALORE-39, BANGALORE-20. … PETITIONERS (By MR. SHIVARAJ PATIL, ADV.) AND:
1. BAR COUNCIL OF INDIA NO.21, ROUSE AVENUE INSTITUTIONAL AREA, NEAR BAL BHAVAN, NEW DELHI-110002.
REPRESENTED BY ITS SECRETARY.
2. KARNATAKA STATE BAR COUNCIL 1ST FLOOR, OLD K.G.I.D. BUIDLING, DR.AMBEDKAR VEEDHI, BANGALORE-560001. REPRESENTED BY ITS SECRETARY.
3. THE SPECIAL COMMITTEE KARNATAKA STATE BAR COUNCIL, REPRESENTED BY PRESENTLY ADVOCATE GENERAL OLD KGID BUILDING,. AMBEDKAR VEEDHI, BANGALORE-560001. … RESPONDENTS (By SMT. GEETHADEVI M P, ADV. FOR R1, SRI. G NATARAJ, ADV. FOR R2 & R3) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NO.2 TO 3 TO INCLUDE/RESTORE THE NAMES OF THE PETITIONERS IN VOTERS LIST PREPARED BY THE R-2 FOR FORTHCOMING ELECTION TO BE HELD BY R-2; AND ETC.
W.P No.4675 of 2018 BETWEEN:
SRI. CHENGAPPA. S. P. S/O. LATE POOVAIAH S.B., AGED ABOUT 59 YEARS, ADVOCATE, NO. B-302, CREST APARTMENTS, BEJAI-ANEGUNDI ROAD, BIJAI,MANGALURU-575 004, D.K. DISTRICT. … PETITIONER (By MR. SHRIDHAR PRABHU, ADV.) AND:
1. UNION OF INDIA REPRESENTED BY ITS CABINET SECRETARY, MINISTRY OF LAW AND JUSTICE, NEW DELHI-110 001.
2. BAR COUNCIL OF INDIA NO.21, ROUSE AVENUE INSTITUTIONAL AREA, NEAR BAL BHAVAN, NEW DELHI-110 002.
3. KARNATAKA STATE BAR COUNCIL 1ST FLOOR, OLD K.G.I.D. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001, REPRESENTED BY ITS SECRETARY.
4. SPECIAL COMMITTEE KARNATAKA BAR COUNCIL, OLD K.G.I.D. BUILDING, BANGALORE-560 001, REPRESENTED BY ITS CHAIRMAN AND ADVOCATE GENERAL, GOVERNMENT OF KARNATAKA, BANGALORE-560 001. … RESPONDENTS (By SRI. C SHASHIKANT, ASG FOR R1, SMT. GEETHADEVI M P, ADV. FOR R2, SRI. G NATARAJ, ADV. FOR R3 & R4) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING DIRECT THE RESPONDENTS NO.2, 3 AND 4 TO RESTORE THE NAME OF THE PETITIONER AS REFLECTED IN PRE-FINAL VOTER'S LIST PUBLISHED ON 07-12-2017; VIDE ANNEXURE-G, IN THE FINAL LIST DATED: 04-01-2018, VIDE ANNEXURE-H, PURSUANT TO THE REPRESENTATION DATED: 28-01-2018 VIDE ANNEXURE-J AND PERMIT PETITIONER TO CONTEST FOR BAR COUNCIL ELECTION TO BE HELD ON 27-3-18; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In these petitions, the petitioners inter alia seek for a direction to the restore their names in the voter list.
2. After hearing the learned counsel for the parties and in view of the facts of the case, I deem it appropriate to dispose of the petitions with liberty to the petitioners to make a representation with regard to their grievance to the competent authority. Needless to state that if such a representation is made, the competent authority shall decide the same within four months from the date of receipt of such representation by a speaking order in accordance with law. With regard to the other reliefs which have been claimed by the petitioners, the petitioners are at liberty to take recourse to such remedy as may be available to them under the law. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petitions are disposed of.
Sd/- JUDGE RV