Sri Perumalappa L vs The State Of Karnataka on 23 December, 2020

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Karnataka High Court

Sri Perumalappa L vs The State Of Karnataka on 23 December, 2020

Bench: R Devdas

                          -1-


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 23RD DAY OF DECEMBER, 2020

                        BEFORE

          THE HON' BLE MR.JUSTICE R DEVDAS

     WRIT PETITION NO.15474 OF 2020 (LB-ELE)

BETWEEN

SRI PERUMALAPPA L
S/O LATE LAKSHMAIAHA
AGED ABOUT 36 YEARS
R/AT CHIKKABANAHALLI,
KANAMANGALA POST
BIDRAHALLI HOBLI,
BANGALORE EAST TALUK
PIN 560067
                                          ...PETITIONER
(BY SRI R KALYAN, ADVOCATE)

AND

1.    THE STATE OF KARNATAKA
      DEPARTMENT OF PANCHAYATH RAJ AND
      RURAL DEVELOPMENT
      VIKASA SOUDA,
      DR. AMBEDKAR VEEDHI,
      BANGALORE 560001
      REP BY PRINCIPAL SECRETARY

2.    THE STATE OF ELELCTION COMMISSION
      NO. 8, 1ST FLOOR KS C MF ROAD,
      (ANNEX) CUNNINGHAM ROAD,
      BANGALORE 560052
      REP BY COMMISSIONER

3.    THE DEPUTY COMMISSIONER
                                 -2-


      BANGALORE URBAN DISTRICT
      K.G. ROAD,
      BANGALORE 560001

4.    THE ASSISTANT COMMISSIONER
      BANGALORE NORTH SUB DIVISION
      K.G. ROAD,
      BANGALORE 01

5.    THE TAHASILDAR
      BANGLAORE EAST TALUK
      BENGALURU DISTRICT

6.    THE RETURNING OFFICER
      DODDABANAHALLI GRAMAPANCHAYAT
      BANGALORE EAST TALUK
      BANGALORE
                                                  ...RESPONDENTS
(BY SMT PRATHIMA HONNAPUR, AGA )

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ENDORSEMENT ISSUED BY THE RETURNING OFFICER
DODDABANAHALLI GRAMA PANCHAYAT BANGALORE EAST
TALUK AS PER ANNEXURE-A TO THE W.P. AND ETC.

     THIS WRIT PETITION IS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:


                             ORDER

R. DEVDAS J., (ORAL):

The prayer in this writ petition is to quash the endorsement dated nil issued by the respondent No.6 Returning Officer rejecting the nomination filed by the petitioner for the election to -3- be conducted for the post of member of the Doddabanahalli Grama Panchayat, Bangalore East Taluk.

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 that sub-section (1) of Section 19 and Section 20 to the designated Court within whose territorial jurisdiction Panchayath area is situated, this writ petition is not maintainable.

3. Consequently, writ petition stands dismissed.

Sd/-

JUDGE KLY/

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