IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.50480 OF 2019 (LB-ELE) BETWEEN:
Sri. Ranganath N.M. S/o late Narayanappa, Aged about 30 years, R/at Neralagatta Village, Kasaba Hobli, Doddaballapur Taluk – 561 203. … Petitioner (By Sri. M. Shivaprakash, Advocate) AND:
1. The Chief Secretary State of Karnataka Vidhana Soudha, Bengaluru – 560 001.
2. The Principal Secretary Department of Rural Development and Panchayath Raj, State of Karnataka Vidhana Soudha, Bengaluru – 560 001.
3. The Deputy Commissioner Bengaluru Urban District, Bengaluru – 560 001.
4. The Assistant Commissioner Doddaballapur Sub-Division, Doddaballapur – 561 203.
5. The State Election Commission No.8, 1st Floor, Cuningham Road, Vasanth Nagara, Bengaluru – 560 052.
Rep. by its Commissioner. ...Respondents (By Smt. Prathima Honnapura, AGA for R1 to R4; Smt. Vaishali Hegde, Advocate for R5) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for the entire records from the office of the Deputy Commissioner in respect of notification dated 10.10.2019 and issue a writ of mandamus against the respondent authorities to conduct election as per the notification dated 10.10.2019 at Annexure-C with expeditiously in due process, democratic process as provided under the Act and etc., This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
O R D E R The father of the petitioner was elected member of Hanabe Grama Panchayath. It is stated that the father of the petitioner died on 10.07.2019 and thereby vacancy with respect to the post for the member of Grama Panchayath arose.
2. Petitioner has sought for issuance of a writ in the nature of mandamus to the respondent-Authorities to conduct elections expeditiously and draws attention to the notification dated 10.10.2019 at Annexure-C, whereby the Assistant Returning Officer has been appointed with respect to Grama Panchayath elections to be held as per notification dated 10.10.2019. It is submitted that despite such notification, no steps have been taken to hold the elections for the vacant post of the Grama Panchayath.
3. It is further submitted that in the light of the vacant post, if elections are to be held for the post of President and without filling up of the vacant post serious prejudice would be caused.
4. Learned counsel appearing for the State Election Commission submits that notification of calendar of events was not possible due to administrative reasons including Bye-Elections to the Assembly Constituency. It is submitted that they would take steps and they have also received necessary communication from the office of the Deputy Commissioner on 21.09.2019 as regards the need for filing up of the vacant post.
5. In the light of undertaking by the counsel for the State Election Commission that steps would be taken in an expeditious manner to notify the calendar of events within a period not later than Second Week of January, 2020, petition does not require passing of further orders.
6. No doubt, counsel for the petitioner has contended prejudice has been caused in not filing up of the vacant post. However, it is also clarified that the election to the post of President cannot be deferred till the post of the member is filled up. Further, taking note of the reasons assigned by the counsel for the State Election Commission and also noting that the Bye Elections to the Assembly Segment of Chikkballapura may be one of the administrative reasons, no grounds are made out for interference in this regard.
In the light of undertaking of the learned counsel for the State Election Commission, petition is disposed off.
Sd/- JUDGE MBM