Karnataka High Court
Smt.Kavery M.S. vs The Returning Officer on 18 December, 2020
Author: R Devdas
Bench: R Devdas
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2020
BEFORE
THE HON' BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO. 15065 OF 2020(LB-ELE)
BETWEEN:
SMT. KAVERY M.S.,
W/O SRIDHAR M.P.,
AGED ABOUT 48 YEARS,
KUMBURU VILLAGE,
JARKOLLI, GANGANDHURU POST,
SOMWARPETE TALUK,
KODAGU - 571 251.
...PETITIONER
(BY MR. SUNDARA RAMAN M.V., ADVOCATE)
AND:
1. THE RETURNING OFFICER,
MADHAPURA GRAMA PANCHAYAT,
MADHAPUR,
SOMWARPET TALUK,
KODAGU - 571 251.
2. MADAPURA GRAMA PANCHAYAT,
REPRESENTED BY
THE PANCHAYAT DEVELOPMENT OFFICER,
MADAPURA, SOMWARPET,
KODAGU - 571 236.
3. SMT. BHARATHI B.S.,
W/O SHANTAPPA,
AGED ABOUT 45 YEARS,
KADANAKOLLI GRAMA PANCHAYAT,
-2-
GANGANDHURU POST,
SOMWARPET TALUK,
KODAGU - 571 251. ...RESPONDENTS
(BY SMT. PRATHIMA HONNAPUR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 12.12.2020 PASSED BY THE RESPONDENT NO.1
REJECTING THE NOMINATION OF THE PETITIONER AT
ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
The petitioner who had filed his nomination for the Election of the Madapura Grama Panchayath, has filed this writ petition in view of rejection of his nomination papers.
2. In view of the express bar under Section 15 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 that any election to fill the seat in Grama Panchayath shall be called in question only by a duly constituted Election Petition presented on one ore more of the grounds specified that Sub-Section 1 of the Section 19 and Section 20 to the -3- designated Court within whose territorial jurisdiction Panchayath area is situated, this writ petition is not maintainable.
3. Consequently, writ petition stands dismissed.
SD/-
JUDGE pgg