IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION NO.31515 OF 2019 (LB-ELE) Between:
Smt. P. Geetha W/o. Subramanyam C Aged about 43 years R/at Raani Channamma Road 5th Cross, Hiriyuru Town & Taluk Chithradurga Dist-577 598. ….. Petitioner (By Sri Abhijith M.M, Advocate) And:
1. The State of Karnataka Urban Development Department Vikas Soudha, Bengaluru Rep. by its Principal Secretary 560 001.
2. State Election Commission K.S.T.M.F. Building No.8, First Floor Cunningham Road Vasanthanagara Bengaluru – 560 052.
3. The Tahasildar The Election Officer Hiriyur Taluk Chithradurga District – 577 598.
4. Sri Tulasikumar The Returning Officer Municipality Election Hiriyur Taluk Present working as Assistant Commissioner of Income Tax Challakere Taluk Chithradurga District – 577 598.
5. R. Jayavani W/o. L. Saravana Aged about 33 years R/at Vishweshwaraiah Layout 7th Cross, Ward No.25 Huliyar Road, Hiriyur Taluk Chikkamagaluru Dist – 577 101.
6. P. Jyothilakshmi W/o. Gopiyadav Aged about 41 years R/at Kuvempunagar 3rd Cross, behind Kids School Hiriyuru Taluk Chikkamagaluru Dist – 577 101. ...Respondents (By Sri Anandeeshwara, HCGP for R1 & R3) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the Municipality election result in ward No.25, in Hiriyur Taluk, Chithradurga District dated 31.05.2019 declared by the R-4 and same was confirmed by the R-3 vide Annexure-H and etc., This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
O R D E R Sri Anandeeswara, learned High Court Government Pleader is directed to take notice for respondent Nos.1 and 3.
2. In this writ petition, the petitioner has sought for quashing the election of Municipality in Ward No.25 of Hiriyuru Municipality, Hiriyuru. The Election Officer has issued a declaration declaring that respondent No.5 is duly elected as councilor of Hiriyuru Municipality vide Annexure-H.
3. At the out set, learned counsel for the respondents has submitted that writ petition is not maintainable. It is further submitted that Election Petition has to be filed within 15 days from the date of declaration of the election.
4. Learned counsel for the petitioner has relied upon the judgment of this Court in W.P.No.27684/2010 disposed of on 03.09.2010. This Court while dismissing the writ petition reserved liberty to the petitioner to file an Election Petition within three weeks from the date of disposal of the writ petition and further directed the Tribunal not to go into the question of limitation instead, decide the matter on merits.
5. Heard learned counsel for the parties.
6. It is not in dispute, what is being challenged in the writ petition at Annexure-H, is declaring respondent No.5 as the member of Ward No.25 of Hiriyuru Municipalities. The Election Officer also issued a Declaration Certificate vide Annexure-H.
7. Section 21 of the Karnataka Municipalities Act, 1964 (‘the Act’ for short) reads as under;
“21. Election Petitions.-(1) No election of a councillor shall be called in question except by an election petition presented to the Election Tribunal within fifteen days from the date of the declaration of the result of the election.
(2) An election petition calling in question any such election may be presented on one or more of the grounds specified in Section 23,-
(a) by any candidate at such election, or (b) by any voter of the 1[ward] concerned.
(3) A petitioner shall join as respondents to his petition all the candidates at the election.
(4) An election petition,-
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall with sufficient particulars, set forth the ground or grounds on which the election is called in question; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908, for the verification of pleadings.
8. Under such circumstances, the writ petition under Article 226 of the Constitution of India is not maintainable, the petitioner has to file election petition under Section 21 of the Act.
9. In similar circumstances, this Court in writ petition No.27684/2010 has granted the liberty to file an election petition before the Tribunal within three weeks from the date of disposal of the writ petition and further directing the Tribunal not to go into the question of limitation and instead decide the matter on merits.
10. In view of the above, this writ petition is dismissed reserving liberty to the petitioner to file an Election Petition under the Act within three weeks from the date of receipt of the copy of this order and further directed the Tribunal not to go into the question of limitation and instead decide the matter on merits.
With the above observations, the writ petition is disposed of.
Sd/-
JUDGE ssb