Karnataka High Court
C A Narayana Reddy S/O Adimurthy Reddy vs Vijaya Raghava Reddy C N on 31 May, 2013
Bench: K.L.Manjunath, L.Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 31st DAY OF MAY, 2013
PRESENT
THE HON'BLE MR.JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
WRIT APPEAL NO. 1632/2009(LB)
BETWEEN
1 C A NARAYANA REDDY
ADIMURTHY REDDY
MEMBER OF HIREBIDANUR GRAMA PANCHAYATH
AGED ABOUT 41 YEARS,
CHIGATAGERE VILLAGE
GANGASANDRA POST,
GOWRIBIDANUR TALUK 561 208,
CHICKKABALLAPUR DISTRICT.
... APPELLANT
(By Sri : C M NAGABUSHANA,ADV.)
AND :
1 VIJAYA RAGHAVA REDDY C N
S/O. T CHIKKANARASIMHAREDDY
AGED ABOUT 28 YEARS
CHIGATAGERE VILLAGE
GANGASANDRA POST,
GOWRIBIDANUR TALUK- 561 208,
CHIKKABALLAPUR DISTRICT.
2 STATE ELECTION COMMISSION OF KARNATAKA
REP BY ITS COMMISSIONER
K.M.F BUILDING
CUNNIGHAM ROAD
BANGALORE - 560052.
2
3 H VENKATESH
MEMBER OF HIREBIDANUR GRAM PANCHAYATH
AGED ABOUT 41 YEARS,
HIREBIDANUR VILLAGE
GANGASANDRA POST
GOWRIBIDANUR TALUK 561 208,
CHIKABALLAPUR DISTRICT.
... RESPONDENTS
(By Sri : M NARAYANA REDDY FOR C/R1;
SRI.K.N. PHANINDRA, FOR R2 )
THIS WRIT APPEAL FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET
ASIDE THE ORDER PASSED IN THE WRIT PETITION
5601/2008 DATED 09/02/2009.
THIS APPEAL COMING ON FOR HEARING THIS
DAY, MANJUNATH J, DELIVERED THE
FOLLOWING:
JUDGMENT
The legality and correctness of the order passed by the Learned Single Judge in W.P.NO.5601/08 dt.9.2.2009 is called in question in this appeal.
2. The appellant was an elected Member of the Hirebidanur Gram Panchayath, in an election held in the year 2007. Pursuant to an Election Petition filed by Vijaya Raghava Reddy before the State Election Commission, it is declared that appellant has incurred disqualification and consequently it is further declared 3 that his seat being vacant. Aggrieved by the same, the Writ Petition was filed. The Learned Single Judge has dismissed the Writ Petition. Therefore, the present appeal is filed.
3. During the course of argument, it is brought to our notice, the tenure of the post of the appellant as Member of the Hirebidanur Gram Panchayath has come to an end by efflux of time and thereafter one more election has also been conducted and in the next election the appellant had contested and has been defeated.
4. In view of the same, we are of the view that the present appeal has come infructuous. Accordingly the appeal is dismissed.
Sd/-
JUDGE Sd/-
JUDGE Ak