WP No. 58180 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JUNE, 2022 BEFORE THE HON'BLE MR JUSTICE R.DEVDAS WRIT PETITION NO. 58180 OF 2017 (LB-ELE) BETWEEN:
SMT VEENA, AGED ABOUT 34 YEARS, W/O VIJAYANANDA KASHAPPANAVAR, ADHYAKSHA OF BAGALAKOT ZILLA PANCHAYAT, BAGALKOT-587 101.
- PETITIONER (BY SRI. V R SARATHY AND SRI J.M. GANGADHAR, ADVOCATES) AND:
1. SMT SHAILA W/O SRI MANTAPPAGOUDA NADAGOUDAR, AGED ABOUT 34 YEARS, R/AT CHITTAWADGI, HUNAGUND TALUK, BAGALKOT DISTRICT-587 101.
2. SRI B SHARANAPPA, SPECIAL LAND ACQUISITION OFFICER (SPL SLO), RETURNING OFFICER, DHANNUR-18, ZILLA PANCHAYAT CONSTITUENCY, HUNGUND TALUK, BAGALKOT DISTRICT-587101.
Digitally signed by VINAYAKA B V VINAYAKA Location:
B V Dharwad Date:
2022.06.25 12:54:06 +0530 3. THE DEPUTY COMMISSIONER, BAGALKOT DISTRICT, NAVANAGAR, BAGALKOT-587 101.
- RESPONDENTS (BY SRI. L M CHIDANANDAYYA, ADVOCATE FOR C/R1, SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R1, SRI SHIVAPRABHU S. HIREMATH, AGA FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN ELECTION PETITION NO. 2/2017 DATED 13.12.2017BY THE SR. CIVIL JUDGE AND JMFC, HUNAGUND AT ANNEXURE-A & ETC.
WP No. 58180 of 2017 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
R.DEVDAS J., (ORAL):
ORDER Learned counsel for the petitioner submits that this writ petition is filed challenging the order passed by the trial Court rejecting the application filed by the petitioner herein regarding maintainability of the election petition. Since the trial Court held that the election petition is maintainable, this writ petition was filed. Nevertheless, by efflux of time the term of the membership of the zilla panchayat has expired and therefore the prayer made in this writ petition will not survive for consideration. However, the learned counsel for the petitioner submits that the election petition is still pending before the trial Court. In that case, it is for the petitioner to file a memo before the trial Court and get the election petition dismissed.
Nevertheless, at any rate, the instant writ petition does not survive for consideration in view of the fact that the term itself has been completed.
WP No. 58180 of 2017 Consequently, the writ petition stands disposed of. Liberty is granted to the petitioner or the respondents to move a memo before the trial Court to get the election petition dismissed.
BVV
SD JUDGE