IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11217 OF 2019 (GM-RES) BETWEEN:
KARNATAKA JANATHA PARTY A REGISTERED POLITICAL PARTY HAVING ITS REGISTERED OFFICE AT NO.26/1, 2ND CROSS, DOUBLE ROAD BENGALURU-27 REPRESENTED BY ITS STATE PRESIDENT SRI PADMANABHA PRASANNA KUMAR … PETITIONER (BY SRI K.A.ARIGA, ADVOCATE FOR SRI RANKITH K.S., ADVOCATE) AND:
1. ELECTION COMMISSION OF INDIA NIVARCHAN SADAN ASHOKA ROAD NEW DELHI-110 001 REPRESENTED BY ITS SECRETARY 2. THE CHIEF ELECTORAL OFFICER NIRVACHANA NILAYA MAHARANIS COLLEGE CIRCLE SHESHADRI ROAD BENGALURU-560 001.
… RESPONDENTS (BY SRI S.R.DODAWAD, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 06.06.2014, 14.04.2018 AND 25.04.2018 MADE BY THE PETITIONER PARTY VIDE ANNEXURE-A1, A2 AND A3 ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri K.A.Ariga, learned counsel for Sri Ranjith K.S., learned counsel for the petitioner.
Sri S.R.Dodawad, learned counsel for respondents.
The petition is admitted for hearing. With the consent of the parties, it is heard finally.
2. In this petition, the petitioner inter alia seeks the following relief :-
“a) Issue writ of Mandamus directing the respondents to consider the representations dated 06.06.2014, 14.04.2018 & 25.04.2018 made by the petitioner party vide Annexure A1, A2 and A3.”
3. When the matter was taken up today, learned counsel for the respondents has produced a memo which is taken on record. Along with the aforesaid memo, a copy of the order dated 24.03.2019, passed by the Election Commission of India, by which the election symbol sought for by the petitioner has been rejected.
4. Learned counsel for the respondents on instructions submit that the petitioner is at liberty to choose any of the free symbols available in the lot and in any case, the petitioner choose any free symbol in the lot, suitable action shall be taken by the concerned Returning Officer to allot the same to the petitioner.
5. In view of the aforesaid submission, petition is disposed of with a direction that in case the petitioner choose any free symbol available in the lot, the same shall be allotted to the petitioner by the concerned Returning Officer.
6. Accordingly, writ petition is disposed of.
Sd/- JUDGE nvj