IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL, 2019 BEFORE THE HON' BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR MFA No.8314/2014 C/W MFA No.7603/2014 (MPA) IN MFA NO.8314/2014 BETWEEN:
Vishwanath Bhute Son of late D Vittal Sa Bhute Aged about 56 years Residing at T.B.Temple Road Harihar - 577601 ... Appellant (By Sri Kashyap N. Naik, Advocate) AND:
1. The Returning Officer Ward No.30, Harihar City Municipality, Elections – 2013 Harihar (Smt. Rekha.C, Assistant Director, Department of Horticulture, Taluk Panchayat Premises, Harapanahalli Road Harihar)- 577601 2. M.N.Nagaraj (Nalli) Son of Narayana Sa, Aged about 44 years Residing at B Block 3rd Main, 5th Cross, Vidyanagar Harihar - 577601 3. Syed Asif Ahammed Son of Syed Eqbal Ahammed Aged about 35 years Residing at 4th main road, 4th cross, B Block, Vidyanagar, Harihar – 577601 4. Halasabalu M Shivanandappa Son of H.M.Basappa Aged about 60 years 60 feet road, Vidyanagar, Harihar – 577601 5. Jigali Manjunath Son of B.R.Veerapaiah Aged about 47 years 3rd Main, 3rd Cross Vidyanagar, B Block, Harihar – 577601 6. Parameshachari Son of Mounachari Aged about 31 years Residing at 3rd Main 5th cross, B Block, Harihar – 577601 7. The Deputy Commissioner Davanagere District, Davanagere - 577001 ... Respondents (By Sri M.Vinaya Keerthy, Advocate for R2; R1 to R3 to R6 served;
Smt. Shwetha Krishnappa, AGA for R7) In MFA No.7603/2014 Between:
M.N.Nagaraj Aged about 45 years Son of Narayana Sa, Municipal Councillor V cross, III main, B-Block Vidyanagar extn., Harihara Davanagere district - 577601 (By Sri M. Vinaya Keerthy, Advocate) AND:
1. Vishwanath Bhute Son of late D Vittal Sa Bhute Aged about 55 years Residing at T.B.Temple Road Harihar – 577601 2. Returning Officer Ward No.30, Harihar City Municipality, Elections – 2013 Harihar (Smt. Rekha.C, Assistant Director, Department of Horticulture, Taluk Panchayat Premises, Harapanahalli Road Harihar- 577601 3. Syed Asif Ahammed Son of Syed Eqbal Ahmmed Aged about 35 years Residing at IV cross, IV main, B-Block Vidyanagar, Harihar – 577601 4. Halasabalu M Shivanandappa Son of H.M.Basappa …Appellant Aged about 60 years 60 feet road, Vidyanagar, Harihar – 577601 5. Jigali Manjunath Son of B.R.Veerapaiah Aged about 47 years 3rd Cross, 3rd Main, B Block Vidyanagar, , Harihar – 577601 6. Parameshachari Son of Mounachari Aged about 30 years Residing at V cross, III Main B Block, Harihar – 577601 7. The Deputy Commissioner Davanagere District, Davanagere - 577601 ... Respondents (By Sri Kashyap N.Naik, Advocate for R1; R2 to R6 served;
Smt. Shwetha Krishnappa, AGA for R7) These MFAs’ are filed under Section 27 of Karnataka Municipalities Act, 1964 against the order dated:15.11.2014 passed in Election Misc.No.01/2013 on the file of the Senior Civil Judge, Harihar, partly allowing the petition filed under Section 21 of the Karnataka Municipalities Act, 1964.
These MFAs’ is coming on for final hearing this day, the Court made the following;
JUDGMENT Learned counsel for the appellant in MFA No.8314/2014 and respondent No.1 in MFA No.7603/2014 has filed memo wherein it is stated that the present appeals were filed challenging the judgment dated 15.11.2014 passed in Election Misc.No.01/2013. During the pendency of these appeals, the term of the candidate of the said election who is the appellant in MFA No.8314/2014 and respondent No.1 in MFA No.7603/2014 has been lapsed. As such, the appeals does not survive for consideration.
Considering the submission of the learned counsel, the memos filed are placed on record.
Both appeals are dismissed as they have become infructuous.
Sd/- JUDGE HJ