IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.48896 OF 2016 (LB-BMP) PIL Between:
Sri.N.Nanjundappa S/o Nanjaiah Aged about 68 years No.20, 1st Main, 3rd Cross Navarang Drug Road Goraguntepalya Yeshwanthpura Bengaluru – 560 022 …Petitioner (By Sri.Ashok Haranahalli, Senior Advocate for Sri.R.Subramanya, Advocate) And:
1. Bruhat Bengaluru Mahanagara Palike N.R.Square, Bengaluru – 560 002 Represented by its Commissioner 2. Sri.B.N.Manjunatha Reddy Father’s name not known Aged Major Mayor Bruhat Bengaluru Mahanagara Palike N.R.Square, Bengaluru – 560 002 3. Sri.R.S.Sathyanarayana Father’s name not known Aged – Major Leader of Ruling Party In Corporation Council Bruhat Bengaluru Mahanagara Palike N.R.Square, Bengaluru – 560 002 4. Smt.S.Asha Suresh W/o Suresh Aged – Major Councillor Ward No.38 Bruhat Bengaluru Mahanagara Palike N.R.Square, Bengaluru – 560 002 ... Respondents (Sri.K.N.Puttegowda, Advocate for respondent No.1 Sri.V.Sreenidhi, Advocate for respondent Nos.2 and 3 Smt.Lakshmi Iyengar, Advocate for respondent No.4) ---
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to declare that the respondent No.4 to no longer a councillor of ward No.38 of the Bruhat Bengaluru Mahanagara Palike, and etc.
This petition coming on for preliminary hearing this day, the Chief Justice made the following:
ORDER This is a writ petition, inter alia, for declaration that the respondent No.4 is no longer a councillor of the ward No.38 of the Bruhat Bengaluru Mahanagara Palike.
2. Shrimati Lakshmi Iyengar, learned advocate for the respondent No.4 submits, on instructions, that her client has never resigned.
3. Mr.K.N.Puttegowda, learned advocate, appears for the Bruhat Bengaluru Mahanagara Palike and submits, on instructions, that in the records of the Corporation, there is no indication that the respondent No.4 has resigned.
4. As there is no material before us and it is not established before the Court that the respondent No.4 has resigned from the post of councillor, we cannot grant the declaration as prayed for in the writ petition.
5. The writ petition is dismissed.
6. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB