IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.12861 OF 2013 (GM-RES) BETWEEN:
Sri S. Mruthyunjayappa S/o Sri Shivarudrappa, Aged about 52 years, Spandana Sanjana Nilaya, 4th Cross, J.C.R. Extension, Chitradurga-577 501. …Petitioner (By Sri M.P. Srikanth, Advocate) AND:
1. The Election Commission of India Nirvachan Sadan, Ashoka Road, New Delhi-1 (Amended v/o dtd. 31.1.2019) 2. The Deputy Commissioner Chitradurga District, Chitradurga-577501.
3. The Returning Officer No.99, Chitradurga Constituency, (Tahasildar, Chitradurga Taluk) Chitradurga Taluk, Chitradurga-577501.
4. Sri S.K. Basavarajan Member of Legislative Assembly B.L. Gowda Layout, Chitradurga-577501. … Respondents (By Smt. Niloufer Akbar, AGA for R2 and R3, Sri S.R.Dodawad, CGC for R1, Service of notice on R4 is held sufficient v/o dated 31.08.2015) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order dated 23.02.2013 passed by the Returning Officer, Chitradurga the R-3 and restore the CR.No.1/12-13 on to the file before the R3 vide Annexure-K and etc.
This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R This writ petition is directed against the order dated 23.2.2013 passed by respondent No.3 in C.R.No.01/2012-13, whereby he has closed the proceedings initiated under Section 125A of the Representation of Peoples Act (for short ‘RP Act’) and Section 177 of the IPC, whereby respondent No.3 has rejected the application filed by the petitioner.
2. The petitioner is a resident of Chitradurga Taluk and District and he is voter of the Constituency No.99, Chitradurga Assembly Constituency, Chitradurga. The petitioner has filed a complaint before respondent No.3 against respondent No.4 to take action against him under Section 125A of RP Act and Section 177 of the IPC. Since respondent No.3 has not accepted his complaint, then he has approached respondent No.1-Election Commission in terms of Annexure-B dated 26.11.2012 who directed the Deputy Commissioner to consider the complaint of the petitioner in accordance with law.
3. Pursuant to letter at Annexure-B, the Deputy Commissioner has written a letter dated 22.11.2012 to the Returning Officer-respondent No.3 to take action on petitioner’s complaint dated 05.11.2012. Subsequently, respondent No.3 has initiated proceedings in C.R.No.1/2012-2013 and issued notice to the parties as per Annexure-D dated 22.11.2012. Being aggrieved by Annexure-C dated 22.11.2012 regarding initiation of the proceedings, respondent No.4 has filed a writ petition before this Court challenging the same in W.P.No.4832/2013. This Court, by its order dated 30.01.2013 (Annexure-J), has granted an interim order of stay of further proceedings in so far as the Election Petition in C.R.No.1/2012-2013 filed by the petitioner herein.
4. In view of the matter being seized by this Court, the Returning Officer has closed the complaint by order dated 23.02.2013. Subsequently, the writ petition filed by respondent No.4 before this Court in W.P.No.4832/2013 was withdrawn on 12.03.2013. In view of the withdrawal of writ petition, the proceeding initiated by the Returning Officer was revived. The Returning Officer has closed the complaint filed by the petitioner. The liberty is reserved to the petitioner to file an application before respondent No.3 to re-open the case. If such application is filed respondent No.3 is directed to consider the same and pass orders in accordance with law after giving notice to the parties.
With the above observation, writ petition is disposed of.
Sd/- JUDGE rv