Karnataka High Court
Alam Basha vs State Of Karnataka on 9 October, 2020
Author: P.B.Bajanthri
Bench: P.B. Bajanthri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE P.B. BAJANTHRI
WRIT PETITION NO. 6139/2020 ( LB-RES)
C/W
WRIT PETITION NOS.5999/2020 (LB-RES),
6125/2020 ( LB-ELE), 6134/2020 ( LB-ELE),
6135/2020 ( LB-ELE), 6137/2020 ( LB-ELE),
6140/2020 (LB-ELE), 6141/2020 (LB-ELE),
6143/2020 (LB-ELE), 6144/2020(LB-ELE),
6152/2020 (LB-RES), 6179/2020 (LB-ELE),
6274/2020 ( LB-RES), 6283/2020 (LB-RES),
6285/2020 (LB-ELE), 6404/2020 (LB-RES),
7902/2020 (LB-ELE), 8115/2020 (LB-ELE),
8413/2020 (LB-ELE), 8539/2020 (LB-ELE),
8690/2020 (LB-ELE) AND 8771/2020 (LB-ELE)
IN W.P.No.6139/2020
BETWEEN:
ALAM BASHA
S/O MAHIMUNMIYA
AGE ABOUT 39 YEARS ,
COUNCILLOR CITY MUNCIPAL COUNCIL SINDHANUR
R/AT VENTESHWAR NAGAR,
SINDHANUR - 584128
...PETITIONER
(BY SRI. JAYAKUMAR.S. PATIL, SR.COUNSEL FOR
SRI. MAHAMAD TAHIR A, ADVOCATE)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
M S BUILDING
BANGALORE - 560001
REP BY ITS SECRETARY
2
2. THE DEPUTY COMMISSIONER
RAICHUR, RAICHUR - 584101
3. THE ASSISTANT COMMISSIONER
ALSO RETURNING OFFICER RAICHUR,
RAICHUR - 584101
4. THE CITY MUNICIPAL COUNCIL
SINDHANUR - 584128
REP BY ITS CHIEF EXECUTIVE OFFICER
5. THE CITY MUNICIPAL COUNCIL DANDELI
UTTAR KANNADA DISTRICT - 581325
REP BY ITS CHIEF EXECUTIVE OFFICER
6. THE CITY MUNICIPALCOUNCIL
GADAG BETAGERI
GADAG DISTRICT - 582102
REP BY ITS CHIEF EXECUTIVE OFFICER
7. THE CITY MUNICIPAL COUNCIL
TIPTUR TUMKUR DISTRICT - 572201
REP BY ITS CHIEF EXECUTIVE OFFICER
8. THE CITY MUNICIPAL COUNCIL
ILKAL , BAGALKOT DISTRICT - 587125
REP BY ITS CHIEF EXECUTIVE OFFICER
RESPONDENTS
(BY SRI. JAYAKUMAR.S. PATIL, SR.COUNSEL FOR
SRI. MAHAMAD TAHIR A, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-H. ISSUE DIRECTION TO R-1 TO CONDUCT THE
ELECTION ACCORDING TO THE NOTIFICATION DATED
06.09.2018 ISSUED BY THE R-1 AT ANNX-B BY RESTORING
THE SAME OR IN THE ALTERNATIVE DIRECT THE R-2 TO
ISSUE FRESH NOTIFICATION BY ALLOTTING GENERAL
CATEGORY TO THE CITY MUNICIPAL COUNCIL SINDHANUR.
AND ETC,.
IN W.P.No. 5999/2020
BETWEEN:
SRI R BASVARAJ
S/O RUDRAPPA,
3
AGED ABOUT 45 YEARS,
COUNCILLOR,
TOWN MUNICIPAL COUNCIL, CHANANGIRI,
R/AT WARD NO.15, CHANNAGIRI TOWN,
CHANNAGIRI, DAVANAGERE 577213
...PETITIONER
(BY SRI. JAYAKUMAR.S. PATIL, SR.COUNSEL
FOR . SRI. MAHAMAD TAHIR A, ADVOCATE)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
M.S.BUILDING,
BANGALORE-560001.
REP. BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER
DAVANAGERE,
DAVANAGERE-577001
3. THE ASSISTANT COMMISSSIONER
ALSO RETURINING OFFICER,
DAVANAGERE,
DAVANAGERE 577001
4. THE CITY MUNICIPAL COUNCIL
CHANNAGERI,
CHANNAGERI-577213,
REPRESENTED BY ITS
CHIEF EXECKUTIVE OFFICER.
5. THE TOWN MUNICIPAL COUNCIL
ANNIGERI,
ANNIGERI TALUK 582201,
DHARWAD DISTRICT,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER.
6. THE TOWN MUNICIPAL COUNCIL
BHALKI, BHALKI TALUK,
BIDAR DISTRICT 585328,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
4
7. THE TOWN MUNICIPAL COUNCIL
CKHIKKANAYKANAHALLI,
CHIKKANAYAKANAHALLI TALUK,
TUMKUR DISTRICT 572214,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER.
8. THE TOWN MUNICIPAL COUNCIL
HAROGERI, HAROGERI TALUK,
GADAG DISTRICT- 582113,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
9. THE TOWN MUNICIPAL COUNCIL
HOSADURGA,
HOSADURGA TALUK,
DAVANAGERE DISTRICT 577527,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER. ....RESPONDENTS
(BY SRI. SMT. PRATHIMA HONNAPURA,
AGA FOR R-1 TO 3, SRI S MAHESH, ADVOCATE
FOR R-9, SRI SRIDHAR T M ADVOCATE FOR
R-7, R4, 5 & 6 ARE SERVED AND
UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-G. OR IN THE ALTERNATIVE DATED 06.02.2020
ISSUED BY THE R-1 AT ANNEX- E. AND ETC.,
IN W.P.No. 6125/2020
BETWEEN:
VIJAY KUMR KANNUR
SON OF SIDDAPPA,
AGED ABOUT 42 YEARS,
RESIDING AT NO 26, WARD NO 02,
SHANKARA COLONY, AMINAGAD,
BAGALKOTE 587112 . ...PETITIONER
(BY SRI. GAUTAM SHREEDHAR BHARADWAJ, ADV)
5
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT, M S
BUILDING, BANGALORE 56001,
REPRESENTED BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER
APMC YARD, BAGALKOT 587103
3. THE ASSISTANT COMMISSIONER
APMC YARD, BAGALKOT 587103,
4. THE TOWN PANCHAYATH,
PANCHAYATH KAMATAGI WARD NO 5,
BANASHANKARI TEMPLE,
NEAR POST OFFICE - 587120,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO 3
R-4 SERVED AND UNPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-F. AND ETC.,
IN W.P.No. 6134/2020
BETWEEN:
1. SANGAMESH KALLIHAL
WARD NO 19, COUNCILLOR, SON OF SHANKAR
KALLIHAL, GED ABOUT 45 YERS, RESIDING AT
SHIVASANGAMA NILAYA, 1ST MAIN ROAD, NEAR
SHARADANAGARA, RAILWAY STATION,
SHARADANAGARA, TIPTUR CITY, TUMKUR 572201
2. G K PRASANNA
COUNCILLOR WARD-4, COUNCILLOR SON OF
LATE K KRISHNAIAH, AGED ABOUT 52 YEARS,
RESIDING AT NO 482, SHANKAR ROAD,
TIPTUR CITY, TUMKUR 572201 ...PETITIONERS
(BY SRI. GAUTAM SHREEDHAR BHARADWAJ, ADVOCATE )
6
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT, M S
BUILDING BANGALORE 560001,
REPRESENTED BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER TUMKUR
2ND FLOOR, MINI VIDHANA SOUDHA,
TUMKUR H O, TUMKUR 572101
3. THE ASSISTANT COMMISSIONER
2ND FLOOR, MINI VIDHANA SOUDHA,
TUMKUR HO, TUMKUR 572101
4. THE CITY MINICIPAL COUNCIL
CITYHALL, BHAGWAN MAHAVEER ROAD,
GANDHI NAGAR, TUMAKURU 572102,
REPRESENTED BY ITS CHIEF EXECUTIVE
OFFICER ....RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO 3
R-4 SERVED AND UNPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-F. AND ETC
IN W.P. No.6135/2020
BETWEEN:
1. RAKSHITH KUMAR
COUNCILLOR WARD-1,
SON OF LATE MANJUNATH V,
AGED ABOUT 27 YEARS,
RESIDING AT 50, NEAR RAILWAY STATION,
WARD NO 1, RAJAGATTAHASSAN - 573201
2. CHANDRASHEKAR
COUNCILLOR WARD -32, SON OF LATE
THAMMAYYA, KOTTANAGERE STREET NEAR,
HASANAMBALE TEMPLE,
HASSAN 573201. ...PETITIONERS
(BY SRI. GAUTAM SHREEDHAR BHARADWAJ, ADVOCATE)
7
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT, M S
BUILDING BANGALORE 560001,
REPRESENTED BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER HASSAN
B M ROAD HASSAN, KARNATAKA 57320
3. THE ASSISTANT COMMISSIONER HASAN
OPPOSITE HASSAN INSTITUTE OF MEDICAL
SCIENCES, RANGOLI HALLA, HASSAN 573201
4. THE CITY MUNICIPAL COUNCIL
N R CIRCLE, HASSAN 573201,
REPRESENTED BY ITS CHIEF
EXECUTIVE OFFICER ..RESPONDENTS
(BY SMT : PRATHIMA HONNAPURA, AGA FOR R-1 TO 3
SRI. A. RAVISHANKAR, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-F. AND ETC
IN W.P.No. 6137/2020
BETWEEN:
SRI THIMMARAJU
S/O THIMMANNA
AGED ABOUT 60 YEARS,
COUNCILOR
TOWN MUNICIPAL COUNCIL MADHUGIRI
R/AT WARD NO.21, MADHUGIRI TOWN
MADHUGIRI, TUMKUR DISTRICT - 572 13
...PETITIONER
( BY SRI. JAYAKUMAR.S. PATIL, SR.COUNSEL FOR
SRI. MAHAMAD TAHIR A, ADVOCATE)
8
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
M.S.BUILDING, BANGALORE - 560 001
REP BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER
TUMKUR, TUMKUR - 561 202
3. THE ASSISTANT COMMISSIONER
ALSO RETURNING OFFICER
TUMKUR, TUMKUR - 561 202
4. THE CITY MUNICIPAL COUNCIL
MADHUGIRI
MADHUGIRI - 572 132
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
....RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO 3
R-4 SERVED AND UNPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-F. AND ETC
IN W.P.No. 6140/2020
BETWEEN:
SMT. SNEHAL ANGADI
WIFE OF SHIVANAND,
AGED ABOUT 36 YEARS,
COUNCILLOR OF TOWN MUNICIPAL COUNCIL
MAHALINGAPURA,
RESIDING AT MAHALINGAPURA, RABAKAVI BANHATTI
TALUK, BAGALKOT 587312. ...PETITIONER
(BY SRI. GAUTAM SHREEDHAR BHARADWAJ, ADV.)
9
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
M S BUILDING, BANGALORE 56001,
REPRESENTED BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER
APMC YARD, BAGALKOT 587103
3. THE ASSISTANT COMMISSIONER
APMC YARD, BAGALKOT 587103,
4. THE TOWN MUNICIPAL COUNCIL
NEAR GANDHI CIRCLE, MAHALINGPUR 587312,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
....RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO 3
R-4 SERVED AND UNPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-F. AND ETC
IN W.P.No. 6141/2020
BETWEEN:
NAGRAJ AVARADI
SON OF SHIVAPPA,
AGED ABOUT 35 YEARS,
RESIDING AT PLOT NO 76,
SECTOR NO 27, NAVANAGAR,
BAGALKOTE 587103 ...PETITIONER
(BY SRI. GAUTAM SHREEDHAR BHARADWAJ, ADVOCATE)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
M S BUILDING, BANGALORE 56001,
REPRESENTED BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER
10
APMC YARD, BAGALKOT 587103
3. THE ASSISTANT COMMISSIONER
APMC YARD, BAGALKOT 587103,
4. THE CITY MUNICIPAL COUNCIL
SECTOR 19, SECTOR 63A, NAVA NAGAR,
BAGALKOT 587103,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO 3,
R-4 SERVED AND UNREPRESENTED. )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-F. AND ETC
IN W.P.No. 6143/2020
BETWEEN:
SANGAPPA GANIGER
SON OF HUCCHAPPA,
AGED ABOUT 43 YEARS,
RESIDING AT NO 840,
WARD NO 4, KARNATAKA,
BAGALKOTE 587120 ...PETITIONER
(BY SRI GAUTAM SHREEDHAR BHARADWAJ, ADV)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
M S BUILDING, BANGALORE 56001,
REPRESENTED BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER
APMC YARD, BAGALKOT 587103
3. THE ASSISTANT COMMISSIONER
APMC YARD, BAGALKOT 587103,
4. THE TOWN PANCHAYATH,
11
PANCHAYATH KAMATAGI WARDS NO 5,
BANASHANKARI TEMPLE,
NEAR POST OFFICE, 587120,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER ...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO 3,
R-4 SERVED AND UNREPRESENTED. )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-F. AND ETC
IN W.P.No. 6144/2020
BETWEEN:
RAMALINGAIAH
S/O BOMMAIAH,
AGED ABOUT 54 YEARS,
WARD NO.1 NAYKANAKOPPALU,
BELLURU HOBLI AND POST,
NAGAMANGALA TALUK,
MANDYA DISTRICT-571418. ...PETITIONER
(BY SRI. JAYAKUMAR.S. PATIL, SR.COUNSEL
FOR SRI. MAHAMAD TAHIR A, ADVOCATE)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
M.S.BUILDING, BANGALORE-560001
REP BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER
MANDYA DISTRICT,MANDYA-571401
3. THE ASSISTANT COMMISSIONER
ALSO RETURNING OFFICER,
MANDYA DISTRICT,
MANDYA-571401
4. THE TOWN PANCHAYATHS
12
BELLURU,
BELLURU-571418
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
....RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO 3,
R-4 SERVED AND UNREPRESENTED. )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-E OR IN THE ALTERNATIVE DATED 06.02.2020
ISSUED BY THE R-2 AT ANNX- C AND ETC.,
IN W.P.No. 6152/2020
BETWEEN:
B VENUGOPAL
S/O BASAVARAJ
AGED ABOUT 43 YEARS,
WARD NO.5
YELAHANKA STREET
DEVANAHALLI TOWN
BANGALORE RURAL - 562 110 ...PETITIONER
(BY SRI. JAYAKUMAR.S. PATIL, SR.COUNSEL FOR
SRI. MAHAMAD TAHIR A, ADVOCATE)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
M.S.BUILDING, BANGALORE - 560 001
REP BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT
TUMKUR - 561 202
3. THE ASSISTANT COMMISSIONER
ALSO RETURNING OFFICER
BANGALORE RURAL DISTRICT
BANGALORE RURAL - 560 009
4. THE TOWN MUNICIPAL COUNCIL
13
DEVANAHALLI, DEVANAHALLI - 562 110
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO 3,
R-4 SERVED AND UNREPRESENTED. )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-E OR IN THE ALTERNATIVE DATED 06.02.2020
ISSUED BY THE R-2 AT ANNX- C AND ETC
IN W.P.No. 6179/2020
BETWEEN:
SHRI RENUKA PRASAD C.G.
SON OF GANGARAJU,
AGED ABOUT 39 YERS,
COUNCILLOR OF TOWN MUNICIPAL COUNCIL
CHIKKANAYAKANAHALLI,
RESIDING AT D NO 142, WARD NO 07,
CHIKKANAYAKNAHALLI (R),
TUMKUR 572214. ...PETITIONER
(BY SRI : GAUTAM SHREEDHAR BHARADWAJ,ADV.)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
M S BUILDING BANGALORE 560001,
REPRESENTED BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER
MINI VIDHAN SOUDHA, TUMAKURU,
KARNATAKA - 572101
3. THE ASSISTANT COMMISSIONER
TIPTUR SUB DIVISION,
TIPTUR 572202
4. THE TOWN MUNICIPAL COUNCIL
NEHRU CIRCLE, B H ROAD,
CHIKKANAYAKANAHALLI, TUMKURU DISTRICT,
KARNATAKA 572214,
14
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO 3,
R-4 SERVED AND UNREPRESENTED. )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-F. AND ETC
IN W.P.No. 6274/2020
BETWEEN:
1. MANJUNATH SOPPINA
S/O MALLAPPA
AGED ABOUT 45 YEARS
147,A WARD NO.09,
RENUKA NAGARA, HADAGALLI,
HOOVINAHADAGALLI-583219
BELLARY DISTRICT.
2. N.THIMMAPPA
S/O VENKATAPPA
H NO 7/87,
KATUGARA ONI, HUVINA HADAGALI,HADAGALI,
HOOVINAHADAGALLI-583219
BELLARY DISTRICT. ...PETITIONERS
(BY SRI. JAYAKUMAR.S. PATIL, SR.COUNSEL FOR
SRI. MAHAMAD TAHIR A, ADVOCATE)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
M.S.BUILDING, BANGALORE 560001
REP BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER
BELLARY DISTRICT
BELLARY-583101.
3. THE ASSISTANT COMMISSIONER
15
ALSO RETURNING OFFICER
BELLARY DISTRICT
BELLARY-583101.
4. THE TOWN MUNCIPAL COUNCIL
HOOVINAHADGALLI,
HOOVINAHADAGALLI-583219
REPRESENTED BY TS CHIEF EXECUTIVE OFFICER.
RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO 3,
R-4 SERVED AND UNREPRESENTED. )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-E. OR IN THE ALTERNATIVE DATED 06.02.2020
ISSUED BY THE R-1 AT ANNEX- C AND ETC.,
IN W.P.No. 6283/2020
BETWEEN:
ANJENAPPA M V
S/O THUMMANAPPA
AGED ABOUT 49 YEARS
WARD NO.8, ARASIKERE ROAD,
NEAR ISMLAMPUR,
HARAPANAHALLI TALUK,
DAVANGERE DIST-583131 ....PETITIONER
(BY SRI. JAYAKUMAR.S. PATIL, SR.COUNSEL FOR
SRI. MAHAMAD TAHIR A, ADVOCATE)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
M.S.BUILDING, BANGALORE 560001
REP BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER
DAVANAGERE DISTRICT
DAVANAGERE-583131.
3. THE ASSISTANT COMMISSIONER
16
ALSO RETURNING OFFICER
DAVANAGERE DISTRICT,
DABANAGERE-583131
4. THE TOWN MUNCIPAL COUNCIL
HARAPANAHALLI,
DAVANAGERE-583131
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
....RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO 3,
SRI. M.A. SUBRAMANI. ADVOCATE FOR R-4 )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-E. OR IN THE ALTERNATIVE DATED 06.02.2020
ISSUED BY THE R-1 AT ANNEX- C AND ETC.,
IN W.P.No. 6285/2020
BETWEEN:
K.B. MAHESH
S/O LATE K.J.BHORALINGEGOWDA
AGED 55 YEARS,
NER VOKKALIGARA HOSTEL ROAD,
K.R.PETE TOWN, MANDYA
MANDYA DISTRICT-571 426 ...PETITIONER
(BY SRI. SANDESH T B, ADVOCATE)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
M.S.BUILDING,
BANGLAORE-560 001
REP BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER
MANDYA DISTRICT,
MANDYA-571 401
3. THE ASSISTANT COMMISSIONER
PANDAVAPURA DIVISION,
MANDYA DISTRICT-571 401
17
4. THE TAHSHILDAR
ALSO RETURNING OFFICER,
K.R.PETE TALUK,
MANDYA DISTRICT,
MANDYA -571 426
5. THE TOWN MUNICIPAL COUNCIL
K.R.PETE
MANDYA DISTRICT-571 426
REP BY ITS CHIEF EXECUTIVE OFFICER.
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO 3,
SRI. G.M. ANAND. ADVOCATE FOR R-5,
R-3 SERVED AND UNPRESENTED).
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY THE R-1 AT
ANNX.-C. QUASH THE CALENDAR OF EVENTS DATED
13.03.2020 VIDE ANNEXURE-D ISSUED BY THE R-2. AND
ETC,.
IN W.P.No. 6404/2020
BETWEEN:
P BALA SUBRAMANYAM
S/O PADDERAPPA
AGED ABOUT 42 YEAWRS
COUNCELLER WARD NO.7
PAVAGADA TOWN MUNCIPAL COUNCIL
R/AT KUMBAR BEEDI,
WARD NO. 11,PAVAGADA TOWN,
TUMKUR DISTRICT- 561202 ...PETITIONER
(BY SRI. H ASHOK KUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
MINISTRYOF URBAN DEVELOPMENT
KARNATKA STATE GOVERNMENT
VIKASA SOUDHA, 4TH FLOOR
BENGALURU - 560001
18
2. THE SECRETARY
THE KARNATKA STATE ELECTION COMMISSION
NO.8, 1ST FLOOR KSCMF BUILDING
CUNNINGHAM ROAD,
VASANTHA NAGARA
BENGALURU - 560052
3. THE DIRECTOR
DIRECTOR OF MUNICIPAL ADMINISTRATION
9TH AND 10TH FLOOR,
VISHVESHWARAIAH TOWERS,
AMBEDKAR VEEDI,
BENGALURU- 560001
4. THE DEPUTY COMMISSIONER
TUMKRU DISTRICT
TUMKUR - 572101. ...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 & 4,
SMT. VAISHALI HEGDE, ADVOCATE FOR R-2
NOTICE NOT ORDERED IN R/O R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 06.03.2020 FILED AT ANN-E ISSUED
BY R-1 AND NOTIFICATION DATED 06.02.2020 DATED
11.03.2020 FILED AT ANNEX-F, ISSUED BY R-1 DATED
11.03.2020 IN SO FAR AS ELECTION TO THE POST OF
PRESIDENT AND VICE PRESIDENT OF TOWN MUNICIPAL
COUNCIL PAVAGADA TUMKUR DISTRICT. AND ETC.,
IN W.P.No. 7902/2020
BETWEEN:
1. SMT LEELAVATHI
AGED ABOUT 50 YEARS,
W/O SRI P R SIDDANNA,
DEVALAPPANA BEEDI,
MOLAKALMURU, CHITRADURGA-577535
2. SRI P R SIDDANNA
AGED ABOUT 54 YEARS,
S/O RAMASWAMY P,
DEVALAPPANA BEEDI,
MOLAKALMURU, CHITRADURGA-577535
19
3. SRI CHANDRA KUMAR G
AGED ABOUT 34 YEARS,
S/O GATTAYYA,
KOTE BADAVANE,
MOLAKALMURU,
CHITRADURGA-577535
4. SRI RAMANJINAYA
AGED ABOUT 53 YEARS,
S/O DODDA BASAIAH,
NO.121,
KOTE BADAVANE,
MOLAKALMURU,
CHITRADURGA-577535
5. SRI NAGARAJA S
AGED ABOUT 50 YEARS,
S/O SIDDANNA,
DEVALAPPANA BEEDI,
MOLAKALMURU,
CHITRADURGA-577535
6. SRI HARISH KUMAR K P
AGED ABOUT 33 YEARS,
S./O PALAKSHA K,
NO.05,
NEAR HIRE MATTA,
DEVALAPPANA BEEDI,
MOLAKALMURU,
CHITRADURGA-577535 ...PETITIONERS
(BY SRI. NATARAJA BALLAL A, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
DEPARTMENT,
VIDHANA SOUDHA,
DR AMBEDKAR VEEDHI,
BENGALURU-560001
REP BY ITS SECRETARY
2. DEPARTMENT OF URBAN DEVELOPMENT
UNDER SECRETARY,
M.S.BUILDING,
20
DR AMBEDKAR VEEDHI,
BENGALURU-560001
3. CHIEF ELECTION COMMISSIONER
NIRVACHANA NILAYA,
MAHARANI COLLEGE CIRCLE,
SESHADRI ROAD,
BENGALURU-560001
4. CITY MUNICIPAL COUNCIL
H R ROAD, MOLAKALMURU,
CHITRADURGA DIST-577535
REP BY ITS CHIEF OFFICER ...RESPONDENTS
( BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 TO 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 11.03.2020 ISSUED BY R-2 VIDE
ANNX-A. DIRECT THE RESPONDENTS TO HOLD THE
ELECTIONS AS PER NOTIFICATION DATED 03.09.2019 VIDE
ANNX-E AND ETC.
IN W.P.No. 8115/2020
BETWEEN:
SMT. R N CHANDRAKALA
AGED ABOUT 25 YEARS,
W/O N M MALLESH
R/AT NO.151 3RD CROSS,
KARANJIKATTE KOLAR TOWN
KOLAR DISTRICT-563 101 ...PETITIONER
(BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT
VIKAS SOUDHA BANGALORE-560 001
2. THE MUNICIPAL COMMISSIONER
KOLAR CITY MUNICIPALITY
KOLAR DISTRICT-563 101 ....RESPONDENTS
21
( BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1
MA NOT FILED
SRI. J.G.CHANDRA MOHAN, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
THE NOTIFICATION DATED 11.03.2020 IN SO FAR AS THE R-
2 MUNICIPALITY IS CONCERNED VIDE ANNX-A. AND ETC.,
IN W.P.No. 8413/2020
BETWEEN:
SRI GANESHA
S/O BALUSWAMY,
AGED 42 YEARS,
MEMBER TIPTUR CITY MUNICIPAL COUNCIL,
NO.260, NEHRUNAGAR, Y.T.ROAD,
TIPTUR TOWN, TUMKUR DISTRICT -572201 ...PETITIONER
(BY SRI. SADASHIVAIAH K G, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
REP BY ITS SECRETARY,
M.S.BUILDINGS,
BANGALURU-560 001.
2. THE ASSISTANT COMMISSIONER CUM
RETURNING OFFICER, TIPTUR SUB DIVISION,
TIPTUR TOWN,
TUMKUR DISTRICT-572201
3. THE CITY MUNICIPAL COUNCIL
REP BY ITS COMMISSIONER,
B.H.ROAD, TIPTUR,
TUMKUR DIST-572201
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 & 2,
R-3 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
22
THE NOTIFICATION ISSUED BY THE R-1 VIDE ANNX-A
NOTIFICATION DATED 11.03.2020 ETC.,
IN W.P.No. 8539/2020
BETWEEN:
1. SMT MEENAKASHI P H
W/O VENKATESH
AGED 43 YEARS
30TH WARD AMBEDKAR NAGARA
CHAMARAJAPETE
CHIKKABALLAPURA - 562101
2. SRI SATHISH
AGED 42 YEARS
S/O LATE NARASAPPA
GANGANAMIDDE 7TH WARD NIMMAKALAKUNTE
CHIKKABALLAPURA - 562101
3. SRI C VENKATESHAPPA
S/O CHIKKA AJJAPPA AGE 54 YEARS
29TH WARD DEVANAKOPPA LAYOUT
CHIKKABALLAPURA - 562101 ...PETITIONERS
(BY SRI. VINAYAKA B VISHNU BATTA)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
DR B R AMBEDKAR VEEDHI
BENGALURU - 560001
REP BY ITS PRINCIPAL SECRETARY
2. STATE ELECTION COMMISSION
NO 8 1ST FLOOR KSCMF BUILDING
ANNEX ,CUNNINGHAM ROAD,
BENGALURU - 560052
REP BY ITS COMMISSIONER
3. DEPUTY COMMISSIONER
CUM DISTRICT ELECTION OFFICER
CHIKKABALLAPUR DISTRICT
CHIKKABALLAPURA - 562101
23
4. CITY MUNICIPAL COUNCIL CHIKKABALLAPUR
WARD NO 10
BHUVANESHWARI CIRCLE,
CHIKKABALLAPURA - 562101
REP BY ITS CHIEF EXECUTIVE OFFICER
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1 & 3,
SMT. VAISHALI HEGDE, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENT AUHTORITIES TO TAKE ALL EFFECTIVE
MEASURES TO CONDUCT ELECTIONS OF THE PRESEIDENT
AND THE VICE-PRESIDENT OF THE CHIKKABALLAPURA CITY
MUNCIPAL COUNCIL FORTHWITH IN THE LIGHT OF THE
CONSITUTIONAL MANDATE OF ARTICLE 243-U . THE
CONSTITUTION OF INDIA R/W SEC.11 AND 189I-A) OF THE
KARNATAKA MUNCIPALITIES ACT, 1964 AS PER THE FINAL
NOTIFICATION DATED 11.03.2020 PRODUCED AS
ANNEXURE-D AND ETC.,
IN W.P.No. 8690/2020
BETWEEN:
MR K G SUBRAMANYA
S/O H S GOVINDEGOWDA,
AGED ABOUT 41 YEARS,
R/AT WARD NO.14,
BEHIND GOWRISHANKAR TALKIES
B BLOCK, K.R.NAGARA TOWN - 571 602 ...PETITIONER
(BY SRI. PARAMESWARAPPA C, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
BY UNDER SECRETARY TO GOVERNMENT,
DEPARTMENT OF URBAN DEVELOPMENT
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BANGALORE - 560 001 ....RESPONDENT
(BY SMT. PRATHIMA HONNAPURA, AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
24
THE IMPUGNED NOTIFICTION DATED 11.03.2020 (ANNX-A)
PASSED BY THE RESPONDENT IN SO FAR AS IT RELATES TO
THE K.R. NAGARA TOWN MUNCIPAL COUNCIL. AND ETC.,
IN W.P.No. 8771/2020
BETWEEN:
Y. DADAPEER
S/O LATE YOSUF SAAB,
AGED 49 YEARS,
HOUSE NO.108, CHURCH ROAD,
WARD NO.19, HIRIYURU CITY,
CHITRADURGA DISTRICT - 572 143 ....PETITIONER
(BY SRI. GANGADHARAPPA A.V., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
VIKASA SOUDHA, AMBEDKAR ROAD,
BANGALORE - 560 001.
2. THE RETURNING OFFICER,
CITY MUNICIPAL COUNCIL, HIRIYUR,
CHITRADURGA DISTRICT - 572 143
3. CITY MUNICIPAL COUNCIL, HIRIYURU,
CHITRADURGA DISTRICT - 572 143,
REPRESENTED BY ITS COMMISSIONER.
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R-1
(MA NOT FILED) R-2 & 3 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE RECOREDS AND PROCEEDINGS OF THE CASE
THIS HON'BLE COURT MAY BE PLEASED TO ISSUE AND
ETC.,
THESE WRIT PETITIONS COMING ON FOR HEARING -
INTERLOCUTORY APPLICATION, THROUGH PHYSICAL
HEARING/VIDEO CONFERENCING (OPTIONAL) THIS DAY,
THE COURT MADE THE FOLLOWING:-
25
ORDER
Learned counsel for the State has filed a memo furnishing notifications vide document Nos.1,2,3 and 4 dated 08.10.2020 whereby earlier notification of 11.03.2020 has been withdrawn while reassigning the reservation for the post of President and Vice- President in various City Municipal Councils, Town Municipal Councils and Town Panchayath pursuant to the Government Order dated 11.09.2020. Consequently, notification dated 08.10.2020 (Document Nos.1 to 4) has been issued.
2. In view of these later developments, the present petitions do not survive for consideration. Respective parties if they are aggrieved, they are at liberty to question the validity of the Government Orders dated 11.09.2020, 08.10.2020 (Document Nos.1 to 4). Accordingly, all the Writ Petitions stand disposed of. All pending I.A.s also stand disposed of.
Sd/-
JUDGE Brn