Anil And Ors vs The State Of Karnataka And Ors
2022 Latest Caselaw 8656 Kant

                              1         W.P.No.200887/2022


             IN THE HIGH COURT OF KARNATAKA
                    KALABURAGI BENCH

          DATED THIS THE 13TH DAY OF JUNE, 2022

                           BEFORE

     THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

       WRIT PETITION NO.200887/2022 (LB-ELE)


BETWEEN:

1.     Anil S/o Malkajappa Mulawad,
       Age: 48 years, Occ: Social Worker,
       R/o Ward No.2, Basvana Bagewadi,
       Dist: Vijayapura.

2.     Raju S/o Hanamanth Mulawad,
       Age: 42 years, Occ: Social Worker,
       R/o Ward No: 4, Basvana Bagewadi,
       Dist: Vijayapura.

3.     Suresh S/o Hanamant Lamani,
       Age: 48 years, Occ: Social Worker,
       R/o Ward No: 15, Basavan bagewadi,
       Dist: Vijayapur.
                                                 ... Petitioners
(By Smt. Ratna N.Shivayogimath, Advocate)


AND:

1.     The State of Karnataka,
       Department of Urban Development,
       Vikas Soudha, Bangalore,
       Through its Principal Secretary-560001.
                                   2            W.P.No.200887/2022


2.        The Tahsildar-cum-Election Officer
          of TMC, Basavana Bagewadi,
          Dist: Vijayapura-586101.

3.        The Chief Officer,
          Town Municipal Council,
          Basavana Bagewadi,
          Dist: Vijayapura-586101.

4.        The Deputy Commissioner,
          Vijayapura District:
          Vijayapura-58601.
                                                    ... Respondents

(Sri Sharanabasappa M.Patil, HCGP for R1 & R2, R4;
Sri Sanganabasava B.Patil, Advocate for R3)

       This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India praying to issue a writ of mandamus
directing the respondent No.2 to permit the petitioners to
cast their vote in the ensuing elections of President Post of
TMC Basavana Bagewadi respondent No: 3 which is fixed on
04.04.2022 and etc.

     This petition coming on for Orders this day, the Court
made the following:

                           ORDER

The petitioners who were nominated Members of the

third respondent-Town Municipal Council have preferred the

instant writ petition seeking for the following reliefs :-

a) Issue a writ of mandamus directing the respondent No.2 to permit the petitioners to cast their vote in the ensuing elections of President Post of TMC Basavana

Bagewadi respondent No: 3 which is fixed on 04.04.2022 and

b) Declare that proviso to the Section 11(1)(b) of Karnataka Municipalities Act, 1964 as per Annexure-C is ultravirus, unconstitutional and lacks Legislative Competency."

2. Heard the learned counsel for the petitioners as

well as the learned counsel appearing for the respondents.

3. Learned counsel appearing for the third

respondent submits that the question of law involved in this

writ petition is covered by the judgment of the Division

Bench of this Court passed in Writ Petition No.4457/2022

disposed of on 18.04.2022 wherein it is held that the

nominated Members have no right of voting.

4. The learned counsel for the petitioners does not

dispute the submission made by the counsel appearing for

respondent No.3-Town Municipal Council.

5. Learned counsel for the petitioners submits that

though this court on 01.04.2022 has passed an order

directing the petitioners to cast their votes in the ensuing

election that was scheduled to be held on 04.04.2022 for the

post President of TMC, Basavana Bagewadi, having regard to

the fact that both the candidates who had filed their

nominations had withdrawn their nominations, election was

not held on that date. Learned counsel for the third

respondent - Town Municipal Council also endorses the said

submission.

6. Be that as it may, in view of the judgment of the

Division Bench of this Court passed in Writ Petition

No.4457/2022 disposed of on 18.04.2022 wherein it has

been held that the nominated Members of the Town

Municipal Council are not entitled for voting rights, I find no

merit in this writ petition. The said judgment is squarely

applicable to the facts and circumstances of this case and

therefore the relief sought for by the petitioners in this writ

petition cannot be granted. Accordingly, the writ petition is

dismissed.

7. The respondents-authorities are at liberty to

proceed further and hold fresh election to the post of

President of the third respondent - Town Municipal Council in

accordance with law.

8. In view of the disposal of main petition, IA

1/2022 does not survive for consideration.

Sd/-

JUDGE

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