IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.50111/2019 (LB-ELE) BETWEEN:
SRI S.M. RAFIQ, S/O LATE C.K. ABDUL SATTAR, AGED 61 YEARS, R/A 786, ABID MANZIL, JETTY STREET, FORTE, CHIKKABALLAPUR – 562101. … PETITIONER (BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL FOR SRI VINAYAKA B. VISHNU BATTA, ADVOCATE) AND:
1. STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR B.R. AMBEDKAR VEEDHI, BENGALURU – 560001, RREPRESENTED BY ITS PRINCIPAL SECRETARY.
2. STATE ELECTION COMMISSION, NO 8, 1ST FLOOR, KSCMF BUILDING ANNEX, CUNNINGHAM ROAD, BENGALURU – 560052, REPRESENTED BY ITS COMMISSIONER.
3. DEPUTY COMMISSIONER CUM DISTRICT ELECTION OFFICER, CHIKKABALLAPURA DISTRICT, CHIKKABALLPURA – 562 101. … RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AGA FOR R1 & R3; SMT. VAISHALI HEGDE, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT-AUTHORITIES TO TAKE ALL EFFECTIVE MEASURES TO CONDUCT GENERAL ELECTIONS TO THE CHIKKABALLAPUR CITY, MUNICIPAL COUNCIL FORTHWITH, IN THE LIGHT OF THE CONSTITUTIONAL MANDATE OF ARTICLE 243-U THE CONSTITUTION OF INDIA R/W SECTION 17 OF THE KARNATAKA MUNICIPALITIES ACT, 1964, AS PER THE FINAL NOTIFICATION DATED 30.07.2018 (PRODUCED AS ANNEX-C) AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners have sought for issuance of a writ of mandamus directing the respondent Authorities to take necessary steps to conduct election to Chikkaballapura City Municipal Council forthwith. Further relief was sought to declare that the action of the State Government in continuing the Administrator to the Chikkaballapura City Municipal Council beyond a period of six months is in violation of the provisions of Karnataka Municipalities Act, 1964.
2. Learned counsel appearing for the respondent – State Election Commission has reiterated the submission that elections to Chikkaballapura City Municipal Council could not be held in light of bye-election to Chikkaballapura Assembly Constituency.
3. It is further submitted that as the election process to Chikkaballapura Assembly Constituency would be completed by 11.12.2019, steps will be taken to hold elections to Chikkaballapura City Municipal Council expeditiously, within a period not later than eight weeks thereafter.
4. Said undertaking is placed on record.
5. In light of the said undertaking as noted above, no ground is made out for adjudicating prayer (ii) at this juncture. The contention of petitioners is kept open.
Petition is accordingly disposed off.
Sd/- JUDGE VGR