IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.9129/2019 (LB-ELE) Between:
Sri. Gangaraju S/o. Anjanappa, Aged about 42 years, Member, Lakkenahalli Grama Panchayath, Lakkenahalli, Solur Hobli, Magadi Taluk, Ramangara – 562 127. Resident of Beruvaradhakale, Kallipalya Village, Lakkenahalli Post, Solur Hobli, Magadi Taluk, Ramanara District – 562 127. ... Petitioner (By Sri. Chandrakanth. R. Goulay, Advocate) And:
1. The State of Karnataka, Represented by its Secretary, Department of Rural Development and Panchayatraj, M.S. Building, Bengaluru – 560 001.
2. The Deputy Commissioner, Ramanagara District, Ramangara – 562 127.
3. The Assistant Commissioner, Ramanagara Sub-Division, Ramanagara District – 562 127.
4. The Returning Officer and Assistant Director of Agriculture, Magadi Taluk, Magadi – 562 120.
5. Smt. Padma Hanumanthraj W/o. Hanumanthraj, Aged Major, Member, Lakkenahalli Grama Panchayath, Lakkenahalli, Solur Hobli, Magadi Taluk, Ramangara District – 562 127.
6. Smt. Pankaja Narasimhamurthy W/o. N. Narasimhamurthy, Aged Major, Member, Lakkenahalli Grama Panchayath, Lakkenahalli, Solur Hobli, Magadi Taluk, Ramangara District – 562 127.
7. Sri Chennagangaiah S/o. Hanumanthaiah, Aged Major, Member, Lakkenahalli Grama Panchayath, Lakkenahalli, Solur Hobli, Magadi Taluk, Ramangara District – 562 127.
8. Sri. Srinivas S/o. Sri Hanumaiah, Aged Major, Member, Lakkenahalli Grama Panchayath, Lakkenahalli, Solur Hobli, Magadi Taluk, Ramangara District – 562 127.
9. Sri. K.P. Bhringesh, S/o. Sri. Paramashivaiah, Aged Major, Member, Lakkenahalli Grama Panchayath, Lakkenahalli, Solur Hobli, Magadi Taluk, Ramangara District – 562 127.
10. Sri. Hanumanthaiah, S/o. Late Sri. Hanumaiah, Aged Major, Member, Lakkenahalli Grama Panchayath, Lakkenahalli, Solur Hobli, Magadi Taluk, Ramangara District – 562 127.
11. Smt. Suma Hanumantharaju W/o. Hanumantharaju, Aged Major, Member, Lakkenahalli Grama Panchayath, Lakkenahalli, Solur Hobli, Magadi Taluk, Ramangara District – 562 127. ... Respondents (By Sri. M.A. Subramani, HCGP for R1 to R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-1 to R- 4 to conduct the election in pursuance to the notice dated 15.02.2019 issued by the R-4 vide Annexure-C in respect of the post of President of Lakkenahalli Grama Panchayath reserved only for BCM-B category and only by the person/members who have been elected under the said category initially and etc.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
ORDER The petitioner states that he has been elected under the Backward Class ‘B’ category as a member of the Gram Panchayat and seeks for a direction in the nature of mandamus to direct respondent Nos.1 to 4 to conduct the election by permitting only those persons, who have been elected specifically under the Backward Class ‘B’ category to stand in the election for the post of ‘Adhyaksha’.
2. The petitioner has produced the calendar of events at Annexure-C dated 15.02.2019. The petitioner contends that he is the only member of the Gram Panchayat who has been elected under the reserved category of Backward Class ‘B’ and hence, contends that except him, there is no other eligible candidate at present in the Gram Panchayat to be eligible to stand in the election to the post of ‘Adhyaksha’.
3. The petitioner also seeks to rely on Circular dated 26.02.1994. He further claims that none of the other members of the Gram Panchayat are eligible, as they have not been elected under the seats reserved for Backward Class ‘B’ category. However, in view of the fact that respondent No.4-Returning Officer is invested with the power of scrutiny of nomination and any objections as regards the nomination of the contesting parties is to be taken before him, it would not be appropriate to pass any direction in this Writ Petition and the Writ Petition is pre mature.
4. Needless to state that respondent No.4- Returning Officer is expected to take note of the law as is prevalent and follow the procedure prescribed under the Karnataka Gram Panchayath (Election of President and Vice-President), Rules 1995, while deciding the objections to the nominations.
Accordingly, the Writ Petition is disposed of as being premature.
Sd/- JUDGE SJK