Sri Sathish P vs The Returning Officer on 23 December, 2020

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Karnataka High Court

Sri Sathish P vs The Returning Officer 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.15456 OF 2020 (LB-ELE)

BETWEEN

SRI SATHISH P
SUBASHCHANDRA SHETTY,
S/O SHESHAPPA GOWDA,
AGED ABOUT 42 YEARS,
R/AT MEGINA MANE, PERLMAPADI,
KOLTHIGE VILLAGE, PUTTUR TALUK,
D K DISTRICT 574212
                                           ...PETITIONER
(BY SRI PRASANNA V R, ADVOCATE)

AND

1.    THE RETURNING OFFICER
      GRAM PANCHAYATH ELECTION
      PUTTUR TALUK, D K DISTRICT 574212

2.    THE GRAM PANCHAYATH KOLTHIGE
      REP ITS PANCHAYATH DEVELOPMENT OFFICER,
      KOLTHIGE, PUTTUR TALUK,
      D K DISTRICT 574212

3.    SRI PRAMOD K S
      S/O SUNDAR BHANDARY,
      AGED ABOUT 44 YEARS,
      R/AT GOLITHADKA,
      KOLTHIGE VILLAGE,
      PUTTUR TALUK,
      D K DISTRICT 574212
                                          ...RESPONDENTS
                                -2-


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R-1 RETURNING OFFICER TO CONSIDER THE REPRESENTATION
DTD 16.12.2020 VIDE ANNEXURE-A AND REJECT THE
NOMINATION OF THE R-3 FOR THE POST OF MEMBER OF THE R-
2 GRAMA PANCHAYATH VIDE ANNEXURE-B AND ETC.

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


                             ORDER

R. DEVDAS J., (ORAL):

The prayer in this writ petition to direct the respondent No.1 Returning Officer to consider the representation daed 16.12.2020 at Annexure-A given by the petitioner to reject the nomination of the respondent No.3 for the post of member of the respondent No.2 Gram Panchayat. Admittedly, the last date of filing of nomination has gone by and the respondent No.1 Returning Officer would have considered the nominations filed in terms of the calendar of events.

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 -3- 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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