Ramesh Naik L vs Speaker on 17 January, 2020

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Karnataka High Court

Ramesh Naik L vs Speaker on 17 January, 2020

Bench: Abhay S. Oka

                              1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 17TH DAY OF JANUARY, 2020

                       PRESENT

      THE HON'BLE MR. ABHAY S. OKA, CHIEF JUSTICE

                             AND

 THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

       WRIT PETITION NO. 49957/2019 (GM-RES-PIL)

BETWEEN

RAMESH NAIK L
S/O LATE LAKSHMAN NAIK R
AGED ABOUT 37 YEARS
KADARANAHALLI THANDYA
URDIGERE HOBLI
TUMKUR TALUK AND DISTRICT - 572 140
                                           ...PETITIONER
(BY SRI RAMESH NAIK .L, PARTY IN PERSON)
AND
SPEAKER
KARNATA LEGISLATIVE ASSEMBLY
LEGISLATIVE ASSEMBLY SECRETARIAT
P.B.NO.5074, VIDHANA SOUDHA
BENGALURU - 560 001
REP. BY SECRETARY (P)
KARNATAKA LEGISLATIVE ASSEMBLY
                                       ...RESPONDENT
(BY SRI V, SREENIDHI, AGA)

    THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
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PRESS NOTE DATED 09.10.2019 OF THE RESPONDENT AT
ANNEXURE-A AND ETC.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE
FOLLOWING:

                             ORDER

Heard the petitioner appearing in person.

2. We have perused Annexure-A which is a press note issued on the basis of an order made by the Hon'ble Speaker of Karnataka Vidhana Sabha. The petitioner has approached this Court for a writ of certiorari for quashing the press note and the decision mentioned therein on the basis of which under the directions of the Hon'ble Speaker, the press note has been issued. The order referred in the press note is not at all a quasi judicial order and the Hon'ble Speaker has not acted in quasi judicial capacity while making the said order. Hence, at highest, the petitioner could have prayed for a writ of mandamus and not a writ of certiorari. We, therefore, permit the petitioner to make a representation to the Hon'ble Speaker. We are sure that the same shall be dealt with by the Hon'ble Speaker in accordance with law. 3

3. By granting liberty to the petitioner to make a representation to the Hon'ble Speaker, we dispose of the petition.

4. We make it clear that all the contentions of the petitioner are kept open.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE SN

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