Smt. Sujatha V vs The State Of Karnataka on 22 December, 2020

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Karnataka High Court

Smt. Sujatha V vs The State Of Karnataka 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.15380 OF 2020 (LB-ELE)

BETWEEN

SMT. SUJATHA V
W/O HANUMANTHAPPA
AGED ABOUT 21 YEARS
R/O GUTTEPALYA
THARALU POST
UTTARAHALLI HOBLI
BENGALURU SOUTH TALUK
BENGALURU-560116
                                       ...PETITIONER
(BY SRI NAIK N R, ADVOCATE)

AND

1.    THE STATE OF KARNATAKA
      BY ITS SECRETARY
      PANCHAYATH RAJ DEPARTMENT
      VIDHANA SOUDHA
      BENGALURU-560001

2.    THE STATE ELECTION COMMISSION
      BY ITS COMMISSIONER/DIRECTOR
      PALACE ROAD
      BENGALURU-560001

3.    THE TAHASILDAR
      BENGALURU SOUTH TALUK
      BENGALURU-560001
                                  -2-


4.    THE RETURNING OFFICER
      THARALU GRAMA PANCHAYATH
      BENGALURU SOUTH TALUK
      BENGALURU-560016

5.    THE SECRETARY
      THARALU GRAMA PANCHAYATH
      BENGALURU SOUTH TALUK
      BENGALURU-560016
                                          ...RESPONDENTS
(BY SRI K R NITHYANANDA, HCGP FOR R1, R3 AND R5 )

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ORDER OF REJECTION OF NOMINATION PAPER SUBMITTED
BY   THE     PETITIONER    OF    II    BLOCK,   THARALU     GRAMA
PANCHAYATH WHICH IS RESERVE FOR SC WOMEN CATEGORY
AND PERMIT THE PETITIONER TO PARTICIPATE IN ELECTION
PROCESS      BY   PROVIDING     OPPORTUNITY     TO   RECTIFY    THE
DEFECT AS STATED IN ENDORSEMENT DTD. 17.12.2020 VIDE
ANNEXURE-G AND ETC.


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


                              ORDER

R. DEVDAS J., (ORAL):

The petitioner who had filed her nomination for the election to the Taralu Grama Panchayat, Bengaluru South Taluk, has filed this writ petition in view of rejection of her nomination papers. -3-

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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