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Karnataka High Court

Sri Prashant Rao vs The Additional Chief Electoral Officer ... on 5 July, 2019

Author: P.B.Bajanthri

Bench: P.B. Bajanthri

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 05TH DAY OF JULY 2019

                          BEFORE

     THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

       WRIT PETITION No.19028/2019 (LB-BMP)

Between:

Sri Prashant Rao
Aged 43 years,
S/o Govind Rao,
No.47/A, First Block,
First Main, Thyagarajanagar,
Bengaluru-560 028.                                  ...Petitioner

(By Sri. Prashant Rao,Party-in-person)

And:

1.     The Additional Chief Electoral Officer (KGJ)
       II Floor, B Block, Khanija Bhavan,
       Race Course Road,
       Bengaluru-560 001,
       Ph: 080-22288821,
       Email: [email protected].

2.     The Chairman
       Karnataka State Pollution Control Board
       "Parisara Bhavan", No.49, 4th & 5th Floor,
       Church Street,
       Bengaluru-560 001,
       Ph: 080-25581383,
       Email:[email protected].

3.     The Commissioner
       Bruhat Bengaluru Mahanagara Palike,
                               2

      NR square, Hudson circle,
      Bengaluru-560 001,
      Ph: 080-22237455 / 22221286,
      Email:[email protected].

4.    The Commissioner of Police
      Infantry road,
      Bengaluru-560 001,
      Ph: 080-22942222,
      Email:[email protected].

5.    IGP & Additional Commissioner of Police (Traffic)
      No.5, 2nd Floor, Traffic Head Quarters,
      Infantry Road,
      Bengaluru-560 001,
      Ph: 080-2286222/22942276,
      Email:[email protected].
                                           ...Respondents

(By Sri.M. A. Subramani, HCGP for R-1, R-4 and R-5;
Sri Amit Deshpande, Advocate for R-3-BBMP)

      This Writ Petition is filed under Articles 226 and 227
of the Constitution of India read with election model code of
conduct praying to direct the respondents to prohibit renting
of Thyagarajanagar first main road, Narasmha Raj Colony
main road in ward No.154 Basavangudi constituency for
placing of loud speaker on footway - footpath and on main
roads in the tenure of the election code of conduct especially
to Pandarunga Association and footpath footway hawkers
and etc.,

      This Writ Petition coming on for Orders, this day, the
Court made the following:
                                  3



                            ORDER

In the instant petition, petitioner has sought for the following reliefs:-

" (a) To prohibit renting of Thyagarajanagar First Main Road / Narsimha Raj Colony Main Road in Ward-154 - Basavangudi constituency for placing of loud speaker on footway-footpath and on main roads in the tenure of the election code of conduct especially to Panduranga Devalaya Association & footpath-footway hawkers.
(b) For blanket ban on election campaign by the loud speaker fitted auto rickshaw in entire Bengaluru City which should include all constituency.
(c) Any other relief which this Hon'ble Court deems fit & appropriate and which has not been prayed for inadvertently may kindly also be granted to the petitioner in the wider interest of delivering justice and fair play".
4

2. In view of the reliefs sought and the fact that Lok Sabha elections are already over, the present petition do not surive for consideration.

3. Accordingly, the petition stands dismissed.

Sd/-

JUDGE Srl.