Smt Suma vs The Commissioner on 22 December, 2020

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Karnataka High Court

Smt Suma vs The Commissioner on 22 December, 2020

Bench: R Devdas

                           -1-


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 22ND DAY OF DECEMBER, 2020

                        BEFORE

         THE HON' BLE MR.JUSTICE R DEVDAS

     WRIT PETITION NO.15376 OF 2020 (LB-ELE)

BETWEEN

1.    SMT SUMA
      W/O SRINIVAS,
      AGED ABOUT 28 YEARS,
      RESIDING AT PAYASTANAHALLI VILLAGE,
      G MARADAHALLI POST,
      MULBAGAL TALUK,
      KOLAR DISTRICT 563132

2.    SRI R KRISHNAPPA
      S/O RAMANNA,
      AGED ABOUT 49 YEARS,
      RESIDING AT GUMMAKALLU VILLAGE
      MULBAGAL TALUK,
      KOLAR DISTRICT 563132

3.    SMT DHANAMMA
      W/O VENKATARAMAPPA,
      AGED ABOUT 30 YEARS,
      RESIDING AT PAYASTANAHALLI VILLAGE,
      G MARADAHALLI POST,
      MULBAGAL TALUK,
      KOLAR DISTRICT 563132

4.    SMT VENKATARAJAMMA
      W/O VENKATESHAPPA,
      AGED ABOUT 52 YEARS,
      RESIDING AT PAYASTANAHALLI VILLAGE,
      G MARADAHALLI POST,
                           -2-


      MULBAGAL TALUK,
      KOLAR DISTRICT 563132
                                          ...PETITIONERS

(BY SRI R SHASHI KUMAR, ADVOCATE)


AND

1.    THE COMMISSIONER,
      KARNATAKA STATE ELECTION COMMISSION
      KSCMF BUILDING NO 8,
      1ST FLOOR, CUNNINGHAM RD,
      VASANTH NAGAR, BENGALURU,
      KARNATAKA 560052

2.    THE DEPUTY COMMISSIONER
      KOLAR DISTRICT,
      KOLAR 563101

3.    THE THASILDHAR
      MULBAGAL TALUK, MULBAGL,
      KOLAR DISTRICT 563101

4.    THE RETURNING OFFICER
      GUMMAKALLU GRAMAPANCHAYATHA,
      GUMMAKALLU VILLAGE,
      G MARADAHALLI POST,
      MULBAGAL TALUK,
      KOLAR DISTRICT 563132
                                         ...RESPONDENTS

(BY SRI K R NITHYANANDA, HCGP FOR R2 AND 3)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DTD.17.12.2020 ISSUED BY THE R-4 IN SO FAR
AS PETITIONERS ARE CONCERNED ANNEXURE-A AND ETC.


     THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
                                  -3-


                              ORDER

R. DEVDAS J., (ORAL):

The petitioners who had filed their nominations for the election of the Gummakallu Grama Panchayat, Mylapura Grama Panchayat and K Baiyappalli Grama Panchayat, have filed this writ petition in view of rejection of their nominations 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 or more of the grounds specified in sub-section (1) of Section 19 and Section 20 to the designated Court within whose territorial jurisdiction the Panchayath area concerned is situated, this writ petition is not maintainable.

3. Consequently, writ petition stands dismissed.

Sd/-

JUDGE DL

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