Karnataka High Court
Rakesh C vs Election Commissioner on 19 September, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.11054/2022 (LB-ELE)
BETWEEN:
RAKESH C
S/O CHANDRASHEKAR V
AGED ABOUT 35 YEARS
R/A 3RD MAIN ROAD, 3RD CROSS
P.C. LAYOUT, KOLAR-563 101.
...PETITIONER
(BY SRI RAGHAVENDRA GOWDA K., ADVOCATE)
AND:
1. ELECTION COMMISSIONER
KOLAR MUNICIPALITY
KOLAR-563 101.
2. DISTRICT COMMISSIONER
KOLAR-563 101.
3. RETURNING OFFICER
KOLAR MUNICIPALITY
KOLAR-563 101.
4. SMT. NARAYANAMMA
W/O LATE M. SINAPPA SRINIVAS
AGED ABOUT 65 YEARS
R/A 8TH CROSS, KADHRIPURA MAIN ROAD
KARINJI KATTI, KOLAR-563 101.
5. SMT. APORVA N
W/O RAMACHANDRA
2
AGED ABOUT 29 YEARS
R/AT AMBEDKAR NAGAR
KOLAR-563 101.
6. SRI SYED SAMIULLA
S/O SYED NOORULLA
AGED ABOUT 32 YEARS
R/AT NEW SHAHINSHA NAGAR
KOLAR-563 101.
7. SRI N. AMBARISH
S/O K. NARAYANASWAMY
AGED ABOUT 36 YEARS
R/AT 4TH MAIN ROAD
3RD CROSS, PALASANDRA LAYOUT
KOLAR-563 101.
8. SMT. NOORIE
W/O KHMAR
AGED ABOUT 36 YEARS
RESIDING NEAR NURANI MASID
KOLAR-563 101.
9. SRI K.V. MANJUNATH
S/O VENKATAPPA,
AGED ABOUT 45 YEARS,
R/AT SANTHE GATE,
BHOVI COLONY, KOLAR-563 101.
10. SRI SURESH BABU
S/O B L H MURTHY,
AGED ABOUT 51 YEARS,
R/AT NO.389, GURUMURTI LAYOUT,
NEAR RTO OFFICE, DHARMARAYANAGARA,
KOLAR-563 101.
11. SMT. SHWETHA R
W/O SHABARISH N,
AGED ABOUT 27 YEARS,
R/AT NO.736, 5TH CROSS,
KUVEMPU NAGAR, KOLAR-563 101.
3
12. SRI N.S. PRAVEEN
S/O N.P. SUBARAYAPPA,
AGED ABOUT 36 YEARS,
R/AT WARD NO.12,
PC LAYOUT, NEW LAYOUT,
KOLAR-563 101.
13. SRI PRASAD BABU
S/O ANNEPPA,
AGED ABOUT 55 YEARS,
R/AT NO.1197, 2ND CROSS,
ANJANEYA TEMPLE,
KURUBARAPET, KOLAR-563 101.
14. SMT. NIKATH FATHIMA S A
W/O SHAMEER PASHA,
AGED ABOUT 29 YEARS,
R/AT WARD NO.17,
SHAHINSHA NAGAR,
KOLAR-563 101.
15. SRI B. ASLAMPASHA
S/O BABU JAN,
AGED ABOUT 48 YEARS,
R/AT DARGHA MOHALLA,
SHAHID MOHALLA,
KOLAR TOWN-563 101.
16. SRI HIDAYATHULLA
S/O LATE RAHAMATHULLA,
AGED ABOUT 42 YEARS,
R/AT WARD NO.21,
KILAR PET, KOLAR TOWN,
KOLAR-563 101.
17. SMT. SHAMATAJ
W/O MOHAMMED RAFIK,
AGED ABOUT 33 YEARS,
R/AT NYAMATH B MOHALLA,
KOLAR TOWN, KOLAR-563 101.
4
18. SMT. AJRANSRIN
W/O SADIK PASHA
AGED ABOUT 50 YEARS
R/AT CLOCK TOWER
DARGHA MOHALLA, KOLAR TOWN
KOLAR-563 101.
19. SRI KHAJA MOHINNUDIN
S/O RAHIM KHAN
AGED ABOUT 46 YEARSA
R/AT NO.2370/2
PHOOLSHA MOHALLA
KOLAR TOWN-563 101.
20. SRI B.M. MUBARAK
S/O B.K. MASTHAN
AGED ABOUT 42 YEARS
R/AT KELU KOTE LAYOUT
SHAHINSHA NAGAR, BANK COLONY
KOLAR-563 101.
21. SMT. PAVANA G S
S/O JANARDHAN H M
AGED ABOUT 28 YEARS
R/AT NO.515, 1ST CROSS
CHAMUNDESHWARI TEMPLE
GUL PET, KOLAR TOWN, KOLAR-563 101.
22. SRI ASHWATH
S/O KRISHNAPPA
AGED ABOUT 58 YEARS
R/AT NO.299, 8TH CROSS
TEKAL ROAD, JAYANAGAR
KOLAR-563 101.
23. SMT. RANGAMMA
W/O N. MANJUNATH
AGED ABOUT 42 YEARS
R/AT BELERAYANA GUDI
NEAR KATARI PALYA
KOLAR TOWN, KOLAR-563 101.
5
24. SRI K.M. MANJUNATH
S/O LATE V. MUNIYAPPA
AGED ABOUT 50 YEARS
R/AT SG LAYOUT, PC HALLI
KOLAR TOWN, KOLAR-563 101.
25. SRI S.R. MURALI GOWDA
S/O LATE S.S. RAMEGOWDA
AGED ABOUT 43 YEARS
R/AT JAYANGAR B BLOCK
TEKAL ROAD, KOLAR TOWN
KOLAR-563 101.
26. SRI FAIROZ KHAN
S/O AZHAD KHAN
AGED ABOUT 35 YEARS
R/AT WARD NO 16
MAHALAKSHMI LAYOUT
KOLAR TOWN, KOLAR-563 101.
27. SRI SYED AFSAR
S/O NOOR
AGED ABOUT 43 YEARS,
R/AT NOOR NAGAR,
KOLAR TOWN, KOLAR-563 101.
28. SMT. NAGMA BANU
AGED ABOUT 27 YEARS,
R/AT SHAHINSHA NAGAR,
KOLAR TOWN, KOLAR-563 101.
29. SMT. NAZIA TAJ
AGED ABOUT 46 YEARS,
R/AT NO.00, BD COLONY,
KOLAR TOWN, KOLAR-563 101.
30. SMT. MUBINA TAJ
AGED ABOUT 45YEARS,
R/AT WARD NO.34,
MILATH NAGAR, KOLAR TOWN,
KOLAR-563 101.
6
31. SMT. THAHASIN TAJ
AGED ABOUT 30 YEARS,
R/AT RAHAMATH NAGAR,
KOLAR TOWN, KOLAR-563 101.
32. SRI MANJUNATH V
S/O VENKATARAMANAPPA,
AGED ABOUT 42 YEARS,
R/AT BELERAYANA TEMPLE ROAD,
KATTERAPALYA KOLAR-563 101.
33. SMT. N.M. BAGHYAMMA BIN G MUNIYAPPA
AGED ABOUT 39 YEARS,
R/AT KARANJI KATTE,
KOLAR-563 101.
34. SMT. SOWBAGHYA
W/O. M. RAGHAVENDRA,
AGED ABOUT 45 YEARS,
R/AT KATARI PALYA,
KOLAR-563 101.
35. SMT. SANGEETHA V
W/O T.V. JAGADISH,
AGED ABOUT 27 YEARS,
R/AT WARD NO.15, HAROHALLI,
KOLAR TOWN, KOLAR-563 101.
36. SMT. LAKSHMIDEVAMMA
W/O N. RAMESH,
AGED ABOUT 35 YEARS,
R/AT KARANJIKATTE, KOLAR-563 101.
37. SRI R. GUNASHEKAR (GURU)
S/O G. RAJANNA,
AGED ABOUT 35 YEARS,
R/AT 7TH CROSS SHREESHANKU CHAKRADAR
NELAYA, KARANJIKATTE,
KOLAR-563 101.
...RESPONDENTS
7
(BY SRI R. SHASHI KUMAR, ADV., FOR R-1;
SRI R. SRINIVASA GOWDA, AGA FOR R-2 & R-3;
SRI G. SRENIVAS, ADV., FOR R-7;
R-4, R-5, R-6, R-8, R-9 - SERVED;
V/O DATED 3/8/2022 NOTICE TO R-1O IS H/S;
R11, R12, R13, R14, R15, R16, R17, R18, R19, R20, R21,
R23, R24, R25, R26 - SERVED;
R-27 - SERVED THROUGH H/S; R28, R29, R30, R31, R32,
R33, R34, R35, R36, R37 -SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R-3 TO DECLARE THE COUNTING AND THE RESULTS
ANNOUNCED BY THE RETURNING OFFICER AS NULL AND VOID
VIDE ANNEXURE-C; DIRECT THE R-3 FOR RECOUNTING OF
VOTES AND TO DECLARE THE FRESH RESULTS BY CONSIDERING
THE VALID VOTES AND REJECTING THE INVALID VOTES IN
RESPECT OF ELECTIONS OF STANDING COMMITTEE KOLAR
CONDUCTED ON 25.5.2022 VIDE ANNEXURE-C AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Heard learned counsel for the parties.
2. The election to the Standing Committee of respondent No.1 - Kolar Municipal Counsel was held on 25.5.2022 and the petitioner also contested in the said election. However, he was declared as unsuccessful candidate. The petitioner's grievance is that the votes which were cast by the councilors of the Kolar Municipal Council were invalid since some of the ballet papers were marked, signed and also ward number 8 indicating the identity of the elector and the same is contrary to the provisions of the Karnataka Municipalities (Procedure and Conduct of Business) Rules, 1977 (for short `Rules, 1977). The petitioner submitted a representation with the 1st respondent to declare the counting and result announced by the Returning Officer as null and void. The petitioner's grievance is that the said representation has not been considered.
3. Rule 59 of the Rules, 1977 specifies that any voting paper which contains the signature of writing of any of the voting Councillor or on which marks are placed against more candidates than there are vacancies to be filled shall be invalid. Rule 56 of the Rules 1977 specifies that the Chief Officer shall make adequate arrangements to secure secrecy of the ballot. In the present case, the petitioner's specific grievance is that some ballet papers signed, marked and ward number clearly disclose the identity of the elector. Hence, the 1st respondent is under an obligation to consider the representation submitted by the petitioner in accordance with Rules, 1977.
4. Therefore, it is expedient to dispose of the writ petition directing the 1st respondent to consider the 9 representation dated 25.5.2022 vide Annexures-F, F1 and F2 submitted by the petitioner in accordance with the Karnataka Municipalities (Procedure and Conduct of Business) Rules, 1977 and pass appropriate order in accordance with law within a period of two weeks from the date of receipt of certified copy of this order after notifying the petitioner as well as the contested respondents.
The contention of the learned counsel appearing for the private respondents as to whether the petitioner having not raised preliminary objection at the time of counting of ballot can seek recount, is the matter of which requires to be considered by the 1st respondent at the time of passing appropriate order.
Sd/-
JUDGE bkm