IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.49831/2019 (LB-RES) Between:
Sri Mujahid Pasha, S/o Anwar Basha B.S., Aged 37 years, Chairman, Standing Committee for Public Health, No.11, 8th Cross, Someshwaranagar, Jayanagar 1st Block, Bengaluru - 560 011.
(By Sri H. Mohan Kumar, Advocate) And:
1. The State of Karnataka, Department of Urban Development, 4th Floor, Vikas Soudha, Bengaluru – 560 001 Rep. by its Principal Secretary.
2. The Regional Commissioner, 2nd Floor, K.H. Road, Shanthi Nagar, Bengaluru – 560 027.
3. The Commissioner, Bruhat Bengaluru Mahanagara Palike, N.R. Square, Bengaluru – 560 002.
… Petitioner 4. The Council Secretary, Bruhat Bengaluru Mahanagara Palike, N.R. Square, Bengaluru – 560 002.
… Respondents (By Smt. Prathima Honnapura, AGA for R1 & R2; Sri K.V. Mohan Kumar, Advocate for R3 & R4) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the notification dated 23.09.2019 issued by the R1 vide Annexure-B and notice dated 23.09.2019 issued by the R4 vide Annexure-A in so far as the election to the standing committee for public health and etc.
This Writ Petition coming on for preliminary hearing this day, the Court made the following:
ORDER Learned Additional Government Advocate accepts notice for respondents 1 and 2.
Sri. K. V. Mohan Kumar, learned counsel accepts notice for respondents 3 and 4.
2. Petitioner has challenged the notice dated 23.09.2019, whereby election for the standing committee to the BBMP had been fixed on 01.10.2019. It is stated that no elections have been held for the standing committee on 01.10.2019 in light of interim order granted in connected matters.
3. In light of not holding elections to the standing committee on 01.10.2019, the calendar of events has lapsed. Accordingly, the relief sought for in the present petition does not survive for consideration. Needless to state that in the event of fresh cause of action arising and if the petitioner is so aggrieved, the petitioner is at liberty to approach this Court.
4. Accordingly, the petition is disposed of. The contentions of both parties are kept open.
Sd/- JUDGE VP