IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.14654/2019(LB-RES) BETWEEN:
Sri.Gangaraju,S/o.Anjanappa, Aged about 42 years,Member, Lakkenahalli Grama Panchayath, Lakkenahalli, Solur Hobli, Magadi Taluk, Ramanagara District-562 127. Resident of Beruvaradhakale, Kallipalya Village, Lakkenahalli Post, Solur Hobli, Magadi Taluk, Ramanagara District-562 127.
…Petitioner (By Sri.Chandrakanth R. Goulay, Advocate) AND:
1.The State of Karnataka, Rep. by its Secretary, Department of Rural Development & Panchayatraj, M.S.Building, Bengaluru-560 001.
2.The Deputy Commissioner, Ramanagara District, Ramanagara-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 Hanumantharaj, W/o.Hanumantharaj Major, Member, Lakkenahalli Grama Panchayath,Lakkenahalli, Solur Hobli, Magadi Taluk, Ramanagara District-562 127.
6.Smt.Pankaja Narasimhamurthy, W/o.N.Narasimhamurthy, Major, Member, Lakkenahalli Grama Panchayath,Lakkenahalli, Solur Hobli, Magadi Taluk, Ramanagara District-562 127.
7.Sri.Chennagangaiah, S/o. Hanumanthaiah, Major, Member, Lakkenahalli Grama Panchayath, Lakkenahalli, Solur Hobli, Magadi Taluk, Ramanagara District-562 127.
8.Sri.Srinivas,S/o.Sri.Hanumaiah, Major, Member, Lakkenahalli Grama Panchayath, Lakkenahalli, Solur Hobli, Magadi Taluk, Ramanagara District-562 127.
9.Sri.K.P.Bhringesh, S/o.Sri.Paramashivaiah, Major, Member, Lakkenahalli Grama Panchayath, Lakkenahalli, Solur Hobli, Magadi Taluk, Ramanagara District-562 127.
10.Hanumanthaiah, Major, S/o. Late Sri.Hanumaiah, Member, Lakkenahalli Grama Panchayath, Lakkenahalli, Solur Hobli, Magadi Taluk, Ramanagara District-562 127.
11. Smt.Suma Hanumantharaju, W/o Hanumantharaju, Major, Member, Lakkenahalli Grama Panchayath, Lakkenahalli, Solur Hobli, Magadi Taluk, Ramanagara District-562 127.
….Respondents.
(By Sri. M.A. Subramani, HCGP for R1 to R4, R5 to R11 – Notice dispensed with) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent Nos.1 to 4 to conduct the election in pursuance to the notice dated 25/03/2019 issued by the respondent No.4( Annexure-G) holding of election to the post of President of Lakkenahalli Grama Panchayath to be held on 02/04/2019 as arbitrary, illegal and void and with a malafide intention etc.
This petition coming on for hearing this day, the Court made the following;
ORDER Learned HCGP accepts notice for respondent Nos.1 to 4.
Notice to other respondents is dispensed with, in light of matter being disposed of.
2. Learned HCGP states that a fresh calendar of events has been drawn up and nominations will have to be filed as per fresh calendar of events published at Annexure-G.
3. In light of the said submission, the question of adjudication of the correctness or otherwise of acceptance of nominations on an earlier occasion does not arise. Taking note of the order passed earlier in W.P.No.9129/2019, the present petition is premature.
4. Accordingly, the petition is disposed of as requiring no orders, in light of fresh nominations to be filed pursuant to the calendar of events at Annexure-G.
It is needless to observe that the Returning Officer to take note of the observations made in W.P.No.9129/2019.
Petitioner to co-operate with the peaceful conduct of the election process.
Sd/- JUDGE Msu