IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.50169/2019 [LB-Res] BETWEEN:
MR. P.PRABHAKAR NAYAKA, C/O. N.PALANI NAYAKA, AGED ABOUT 26 YEARS, LOURDU NAGAR, ANDERSONPET, BANGARAPET, KOLAR-563 113. … PETITIONER [BY SRI. GOUTAM A.R., ADVOCATE] AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, M.S.BUILDING, BANGALORE-560 001.
2. THE ROBERTSONPET CITY MUNICIPAL COUNCIL, ROBERTSONPET, KOLAR GOLD FIELDS TALUK, KOLAR DISTRICT-563 122.
3. THE STATE ELECTION COMMISSIONER, NO.8, 1ST FLOOR, KSCMF BUILDING ANNEX, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU-560 052.
4. ELECTION COMMISSION OF INDIA, NIRVACHANA BHAVANA, ASHOKA ROAD, NEW DELHI-110 001.
5. RETURNING OFFICER, ROBERTSONPET CITY MUNICIPAL COUNCIL, KOLAR DISTRICT-563 122. … RESPONDENTS [BY SMT. PRATHIMA HONNAPURA, AGA., FOR R1 & R5.
SMT. VAISHALI HEGDE, ADVOCATE FOR R3. SRI. S.R.DODAWAD, ADVOCATE FOR R4.
NOTICE TO R2–DISPENSED WITH V.C.O.DATED 30.10.2019] * * * THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ISSUE THE PETITIONER HIS VOTERS ID AT THE EARLIEST ENABLING HIM TO FILE HIS NOMINATION FOR THE UPCOMING CMC ELECTION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER 1. Issue notice to the respondents.
2. The learned Additional Government Advocate accepts notice for respondent Nos.1 and 5. Smt. Vaishali Hegde, learned counsel accepts notice for respondent No.3. Sri. S.R.Dodawad, learned counsel accepts notice for respondent No.4.
3. The learned counsel for the petitioner files a memo seeking for dispensing issuance of notice to respondent No.2. Taking note of the memo filed and the submission made, notice to respondent No.2 is dispensed with.
4. The petitioner claims to be the resident of Andersonpet, Kolar and intends to file his nomination as a candidate for the upcoming City Municipal Council Election, has filed the present writ petition seeking for an appropriate direction to the respondents to issue him Voters-Photo Identity Card so as to enable him to file his nomination for the upcoming City Municipal Council Election.
5. The learned counsel for the petitioner points out that the calendar of events have been published by the State Election Commission. According to which, the last date to submit the nomination is 31.10.2019.
6. The learned counsel for the petitioner submits that the petitioner is an eligible voter and his name is to be included in the voters list. The learned counsel for the petitioner has produced a copy of the Aadhar card issued by the Unique Identification Authority of India. It shows his address as a resident of New Market, Andersonpet KGF., Bangarapet.
7. The learned counsel for the petitioner has produced an extract of the voters information downloaded from the website of the Election Commission of India. Copy of which is enclosed at Annexure-‘B’. Insofar as the status of the petitioner’s online application to be registered as a voter, the same is reflected in the extract obtained from the National Voters Services Portal of the Election Commission of India. The online application status would indicate that the application has been submitted on 08.07.2019 has been verified and accepted on 18.09.2019.
8. The learned counsel for the petitioner submits that despite the status being reflected as per the extract at page 9 of the petition, Voters-Photo Identity Card issued to the voter has not yet been issued, as a result of which, he is not in a position to file his nomination.
9. The learned counsel appearing for the Election Commission of India points out to the Notification dated 12th October 2019 and submits that the Voters Verification Programme is under way and it is only after the present survey, verification and authentication is completed, the Voters-Photo Identity Card would be issued. The last date for final publication of the electoral roll for the States other than Delhi is 20th January 2020. Hence, it is submitted that the petitioner has to wait till the last date to obtain copy of the Voters-Photo Identity Card. It is also to be noted that insofar as election to the City Municipal Council is concerned, inclusion into the voters list is permitted till the last date for making nomination for election to such wards as per the second proviso to Section 14 of the Karnataka Municipalities Act, 1964. It is also pertinent to note that the same condition is found in Section 23 of the Representation of the People Act, 1950. In the light of the above statutory provision of the Karnataka Municipalities Act as well as the Representation of the People Act and noting that online status reveals that the application of the petitioner has been accepted as on 18.09.2019 while the last date for filing the nomination is 31.10.2019, the Returning Officer is to take note of the online status and accept the nomination if other legal compliances are in order. Accordingly, the petition is disposed of directing respondent No.5 to accept the nomination of the petitioner, taking note of the online status at Annexure-‘B’ provided the other legal requirements relating to the nomination are fulfilled.
A copy of the order be furnished to the learned counsel appearing for the State.
Sd/- JUDGE Ksm*