Karnataka High Court
Smt Soubaghya vs The Karnataka State Election ... on 17 July, 2017
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 17th DAY OF JULY 2017
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
WRIT PETITION No.1950/2017 (LB-ELE)
BETWEEN:
SMT. SOUBAGHYA,
W/O NARASIMHAIAH,
AGED ABOUT 36 YEARS,
R/AT HERUR,
GUBBI TALUK - 572 216,
NH-206. ...PETITIONER
(BY SRI.SHASHIDHARA H.N., ADV.)
AND:
1. THE KARNATAKA STATE ELECTION COMMISSION,
KARNATAKA STATE CO-OPERATIVE MARKETING
FEDERATION, BEHIND 1ST FLOOR,
NO.8, CUNNINGHAM ROAD,
BENGALURU - 560 052.
2. THE DEPUTY COMMISSIONER,
TUMAKUR DISTRICT,
TUMAKUR - 571 112.
3. THE ASSISTANT COMMISSIONER,
TUMAKURU SUB-DIVISION,
TUMAKURU - 571 112.
4. THE EXECUTIVE OFFICER,
TALUK PANCHAYATH,
GUBBI TALUK,
TUMAKURU DISTRICT - 571 112.
Date of Order 17-07-2017 W.P.No.1950/2017
Smt. Soubaghya Vs. The Karnataka State Election
Commission and others.
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5. SMT. LAKSHMIDEVAMMA,
W/O KUMAR, AGED ABOUT 28 YEARS,
R/AT THOREHALLI,
KASABA HOBLI,
GUBBI TALUK - 572 216,
TUMAKURU DISTRICT. ...RESPONDENTS
(BY SRI. A.K. VASANTH, AGA FOR R-2 & R-3
BY SRI. G.S. PRASANNA KUMAR, ADVOCATE FOR R-5)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO, CALL FOR RECORDS;
ISSUE WRIT OF QUO WARRANTO REMOVING THE R-5 FROM
THE MEMBER AND ALSO ADHYAKSHA OF THE HERUR GRAMA
PANCHAYATH, KASABA HOBLI, GUBBI TALUK, TUMAKURU
DISTRICT ETC.,
THIS W.P. COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
Mr.Shashidhara H.N., Adv. for Petitioner Mr.A.K.Vasanth, AGA for Respondent Nos.2 and 3 Mr. G.S. Prasanna Kumar, Adv. for Respondent No.5.
1. The petitioner - Smt. Soubhagya has approached this Court by following prayers:-
"(a) Issue Writ of Quo Warranto removing the respondent No.5 from the Member and also Adhyaksha of the Herur Grama Panchayath, Kasaba Hobli, Gubbi Taluk., Tumakuru District;
Date of Order 17-07-2017 W.P.No.1950/2017 Smt. Soubaghya Vs. The Karnataka State Election Commission and others.
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(b) Issue Writ of Mandamus directing the respondents to hold fresh elections to fill up the vacant seat caused due to the removal of the 5th respondent for Thorehalli Constituency of Herur Grama Panchayath;
(c) Issue a writ of Mandamus directing the respondents to convene the meeting of Herur Grama Panchayath, to elect President; and
(d) Issue such other writ, order or direction as this Hon'ble Court deems fit to grant in the circumstances of the case, including costs, in the interest of justice."
2. For the intended action against respondent No.5 - Smt. Lakshmidevamma, this Court issued notices to the respondents passing the Interim Order on 04.07.2017 in the following terms:-
"1. The learned counsel for the petitioner submits that though the Caste Certificate of Respondent No.5 - Smt. Lakshmidevamma was declared illegal, the Government authorities concerned are not taking any action against her for the removal from the Office of Adhyaksha of Herur Taluk Panchayath.
Date of Order 17-07-2017 W.P.No.1950/2017 Smt. Soubaghya Vs. The Karnataka State Election Commission and others.4/5
2. The State, despite the service, has not filed any Statement of Objections nor the private Respondent No.5 herself has filed any Statement of Objections, yet.
3. The learned Government counsel appearing in the matter, therefore, is directed to take instructions from the Respondent No.2 and file a brief Statement of Objections and show cause as to why needful consequential action has not been taken against the Respondent No.5.
3. Such Statement of Objections may be filed within a period of two weeks from today, failing which the Deputy Commissioner, Tumakur District shall remain present before this Court.
Put up on 17-07-2017."
3. Today, the learned counsel for the respondents Government has produced before this Court, a copy of the communication dated 15.07.2017 addressed to Additional Deputy Commissioner, Tumkur District issued by the office of the Principal Secretary, Panchayat Raj and Rural Development Department for taking the necessary action Date of Order 17-07-2017 W.P.No.1950/2017 Smt. Soubaghya Vs. The Karnataka State Election Commission and others.
5/5 against respondent No.5 in this regard, since she had been elected on the basis of false caste certificate.
4. In view of the action now initiated against respondent No.5, now the present petition is disposed of with a direction to the respondents to complete the process of such action expediously preferably within a period of six weeks from today.
5. With these observations, the petition is disposed of. No costs.
Sd/-
Judge MH/-