Sri Stephen Santhosh Raj vs The State Of Karnataka on 20 August, 2015

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Karnataka High Court

Sri Stephen Santhosh Raj vs The State Of Karnataka on 20 August, 2015

Author: Subhro Kamal Mukherjee

Bench: Subhro Kamal Mukherjee

                             1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU
          DATED THIS THE 20TH DAY OF AUGUST 2015
                         PRESENT
HON'BLE MR.SUBHRO KAMAL MUKHERJEE, ACTING CHIEF JUSTICE
                           AND
           HON'BLE MRS.JUSTICE B.V.NAGARATHNA
    WRIT PETITION NOS.34809-34811/2015 (LB-ELE-PIL)
 BETWEEN

 1. SRI STEPHEN SANTHOSH RAJ
    S/O K. SUSAI RAJ
    AGED ABOUT 35 YEARS
    R/AT NO.2, JUNIOR COLLEGE ROAD
    K.R. PURAM, BANGALORE-560036

 2. SRI C.S.M.G. SARMA
    S/O C.V.J. PRASADA RAO
    AGED ABOUT 31 YEARS
    R/AT NO.3, 13TH CROSS
    BASAVANAPURA MAIN ROAD
    GAYATHRI LAYOUT, K.R PURAM
    BANGALORE-560036

 3. SRI M. MAHESH
    S/O MUNIRATHNAM REDDY
    AGED ABOUT 36 YEARS
    R/AT NO.344, 3RD CROSS
    KRISHNA REDDY LAYOUT
    KAMADENU ROAD
    RAMAMURTHY NAGARA
    BANGALORE-560016                     ... PETITIONERS

 (BY SRI DEEPAK J, ADVOCATE)

 AND

 1. THE STATE OF KARNATAKA
    REP BY ITS PRINCIPAL SECRETARY
    GOVERNMENT OF KARNATAKA
    BANGALORE-560001

 2. ELECTION COMMISSION OF INDIA
    NIVACHAN SADAN, ASHOKA ROAD
    NEW DELHI-110001
                                     2

3. STATE ELECTION COMMISSION
   CUNNINGHAM ROAD
   BANGALORE-560052

4. THE COMMISSIONER
   BBMP, BANGALORE-560002                        ... RESPONDENTS

(BY PROF. RAVIVARMA KUMAR, ADVOCATE GENERAL WITH
 MS. NILOUFER AKBAR, AGA FOR R-1)

     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT    RESPONDENT    NO.3    TO  CONSIDER    THE
REPRESENTATION MADE BY THE PETITIONERS VIDE
ANNEXURE-E DATED 14.08.2015, ISSUE DIRECTION OR
ORDER TO RESPONDENT NO.3 TO INCLUDE NOTA OPTION ON
THE EVM/BALLOT PAPER FOR RESPONDENT NO.4 ELECTION
WHICH IS TO BE HELD ON 22.08.2015.


     THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, NAGARATHNA .J MADE THE FOLLOWING:

                               ORDER

Petitioners have sought a direction to the 3rd respondent to consider their representation dated August 14, 2015 (Annexure-E) for the purpose of inclusion of a special button in the Electronic Voting Machines which are to be used in the forthcoming election to Bruhat Bengaluru Mahanagara Palike (for short 'BBMP') as "NONE OF THE ABOVE (NOTA)", so that the citizens who do not intend to cast their votes in favour of any particular candidate or express their dissatisfaction with the choice of the candidates could press that button in order to record their intention not to cast their votes in favour of any of the candidates. 3

2. We have heard learned counsel for the petitioners and perused the material on record.

3. A similar relief was claimed in Writ Petition No.35009 of 2015 before this Court. On August 19, 2015, this Court has dismissed the writ petition on the ground of delay and laches. The election to the BBMP is scheduled for August 22, 2015 that is, day-after-tomorrow. The petitioners have approached this Court belatedly for seeking the aforesaid relief.

4. Therefore, following the order passed in the aforesaid writ petition, this writ petition is also dismissed on the ground of delay and laches.

Sd/-

ACTING CHIEF JUSTICE Sd/-

JUDGE bkv

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