IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 25TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.3393 OF 2016 (LB-ELE) BETWEEN:
SRI. K. THIMMA REDDY SON OF FAIRAPPA AGED ABOUT 51 YEARS MEMBER, WARD NO.1 BILASANUR NANDIGAVI GRAMA PANCHAYAT HARIHARA TALUK DAVANAGERE DISTRICT-577001. ... APPELLANT (BY SRI.RUDRAPPA P, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ KARNATAKA GOVERNMENT SECRETARIAT MULTISTOREYED BUILDING DR. AMBEDKAR VEEDHI BENGALURU-01.
2. THE STATE ELECTION COMMISSION IN KARNATAKA NO.8, 1ST FLOOR, BEHIND KCMF BUILDING CUNNINGHAM ROAD BENGALURU-560052 REPRESENTED BY ITS COMMISSIONER.
3. THE DEPUTY COMMISSIONER DAVANGERE DISTRICT DAVANAGERE-577001. ... RESPONDENTS (BY SRI.LAXMINARAYANA, AGA FOR RESPONDENT Nos.1 AND 3) THIS APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION No. 26418/2015 DATED 27/01/2016.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT There is a delay of 181 days in filing the appeal.
However, the appellant addressed arguments on merits.
2. By a common order dated 27.01.2016 passed by the learned Single Judge in Writ Petition No.26418 of 2015 and connected matters, it was held that the points that arise for consideration in the said writ petitions is covered by the decision of the Court in Writ Petition No.57303 of 2015 and connected matters, disposed off on 18.01.2016. Therefore, the instant writ petitions were also dismissed.
3. We do not find any good ground to interfere with the impugned order 27.01.2016 passed by the learned Single Judge in W.P.No.26418 of 2015 and connected matters, since the same was disposed off by relying on the earlier order disposing of the writ petitions. In the absence of any merit in this appeal, the same is dismissed on merit and also on delay.
Sd/- Sd/-
JUDGE JUDGE NG* CT:bms