Karnataka High Court
Suguresha And Anr vs The State Of Karnataka And Ors on 20 December, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2023:KHC-K:9365
WP No.202429 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.202429 OF 2023 (LB-ELE)
BETWEEN:
1. SUGURESHA
S/O SHARABANNA PADASHETTY,
AGE: 39 YEARS,
OCC: MEMBER OF GRAM PANCHAYATH,
ULLESUGUR.
2. SHARANAPPA
S/O SHIVALINGAPPA,
AGE: 36 YEARS,
OCC: MAMEBER OF GRAM PANCHAYATH,
ULLESUGUR.
BOTH ARE R/O ULLESUGUR,
TQ: WADAGERA,
DIST: YADGIRI-585 223.
Digitally signed
by SACHIN ...PETITIONERS
Location: HIGH
COURT OF
KARNATAKA (BY SRI RAVI B. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH, THE CHIEF EXECUTIVE OFFICER,
GRAMINABHIRUDHI AND PANCHAYATH
RAJ DEPORTMENT,
M.S.BUILDING, BANGALORE-01.
2. THE STATE ELECTION COMMISSIONER,
KARNATAKA COOPERATIVE MARKETING
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NC: 2023:KHC-K:9365
WP No.202429 of 2023
FEDERATION BUILDING (BACK SIDE),
1ST FLOOR, NO.8,
CUNNINGHAM ROAD, BEANGALURU-52.
3. THE DEPUTY COMMISSIONER,
YADGIR, DIST: YADGIR-585 223.
4. THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYATH, YADGIR,
DIST: YADGIR-586 101.
5. THE TAHASILDAR WADAGERA,
TAHASIL OFFICE,
WADAGERA TALUKA,
DIST: YADGIRI-585 223.
6. THE GRAM PANCHAYAT,
ULLESUGUR, TQ: WADAGERA,
DIST: YADGIR.
BY ITS PANCHAYAT DEVELOPMENT OFFICER
ULLESUGUR,
TQ: WADAGERA, DIST: YADGIR-585 223.
7. SHARANAPPA S/O LACHAMAPPA,
AGE: 39 YEARS,
OCC: MEMBER GRAM PANCHAYAT,
ULLESUGUR,
TQ: WADAGERA, DIST: YADGIR-585 223.
...RESPONDENTS
(BY SRI. G. B. YADAV, HCGP FOR R1, R3 AND R5;
SRI AMRESH S. ROJA, ADV. FOR R2;
SRI ARUNKUMAR AMARGUNDAPPA, ADV. FOR R4 AND R6;
SRI BASAVARAJ KAREDDY, ADV. FOR R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED
ORDER DATED 02.08.2023 AS AT ANNEXURE-H BEARING NO.
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NC: 2023:KHC-K:9365
WP No.202429 of 2023
KAM/CHUNAVANE/09/2023-24 ISSUED BY THE 3RD
RESPONDENT AUTHORITY AND CONSEQUENTIALLY TO SET
ASIDE THE LIST OF ROSTER OF RESERVATION ISSUED BY THE
3RD RESPONDENT AUTHORITY ON 20.07.2023 INSOFAR
RELATES TO THE POST OF PRESIDENT OF ULLESUGUR GRAM
PANCHAYAT TQ. WADAGERA, DIST. YADGIRI, AT SL NO.13 AS
ILLEGAL AND CONTRARY OT THE GUIDELINES; B) ISSUE A
WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO
CONSIDER THE GRIEVANCE OF THE PETITIONERS BY
RECONSIDERING THE ROSTER TO THE POST OF ADHYAKSHA
OF ULLESUGUR GRAM PANCHAYAT, TQ. WADAGERA, DIST.
YADGIRI IN TERMS WITH THE GUIDELINES ISSUED BY THE 2ND
RESPONDENT AS AT ANNEXURE-J AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for the petitioners and learned
counsel for the respondents.
2. This petition is filed seeking to quash the order
dated 02.08.2023 at Annexure - H issued by respondent
No3-authority and consequently, set aside the list of roster
of reservation issued by respondent No.3-authority on
20.07.2023 insofar as it relates to the post of President of
Ullesugur Gram Panchayat, Tq.Wadagera, Dist. Yadgiri at
Sl.No.13 as illegal and contrary to the guidelines and
consequential relief of mandamus.
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3. During pendency of this writ petition, the
petitioners have challenged the rotation system followed in
the said Gram Panchayat by respondent No.3/Deputy
Commissioner in W.P.No.202196/2023 to follow the
rotation in accordance with law. The petitioner was
successful in the said writ petition. However, the same
was challenged before the Division Bench of this Court in
Writ Appeal No.200142/2023 (LB-ELE). The Division
Bench of this Court while allowing the writ appeal set aside
the order passed by the learned Single Judge in
W.P.No.202196/2023 and directed the Election Officer to
proceed further to conduct the elections in terms of the
reservation notification and in accordance with law.
4. The petitioner had obtained an interim order
before this Court on 24.08.2023 to the effect that all
further proceedings in connection with the electioneering
process of Ullesugur Gram Panchayt, Wadagera Tauka,
Yadgir District are stayed.
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5. In view of the judgment of the Division Bench
of this Court in W.A.No.200142/2023, the rotation system
has been upheld by the Division Bench of this Court and
elections are directed to be proceeded with in accordance
with law. Under the circumstances, the present petition
would not survive for consideration, as it has become
infructuous.
6. Learned counsel for the petitioners contends
that he has questioned the judgment of the Division Bench
of this Court before the Apex Court in SLP No.27908/2023,
wherein impleading applicant herein is also a party to the
said proceedings. However, no interim order has been
granted in the said case and notice has been ordered.
7. Be that as it may, that will not prevent the
Deputy Commissioner from proceeding further to conduct
elections in accordance with law by following the rotation
system.
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8. Under these circumstances, this petition is
dismissed as having become infructuous.
In view of disposal of the petition, I.A.No.3/2023
filed for vacating stay would not survive for consideration
and stands disposed of.
Sd/-
JUDGE
RSP
