Karnataka High Court
Sri. Shivarenuka vs Sri. Devaraju D K on 1 December, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2023:KHC:43447
WP No. 26579 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 26579 OF 2023 (LB-ELE)
BETWEEN:
SRI. SHIVARENUKA,
S/O LATE SHIVALINGEGOWDA,
AGED ABOUT 47 YEARS,
R/AT DODDA ALAHALLI VILLAGE AND POST,
UYYAMBALLI HOBLI, KANAKAPURA TALUK,
RAMANAGARA DISTRICT - 562 126.
...PETITIONER
(BY SRI. KIRAN KUMAR H, ADVOCATE)
AND:
1. SRI. DEVARAJU D.K,
S/O H. KRISHNAPPA,
Digitally signed AGED ABOUT 28 YEARS,
by R/O DODDA ALAHALLI VILLAGE AND POST,
NARAYANAPPA
LAKSHMAMMA UYYAMABALLI HOBLI, KANAKAPURA TALUK,
Location: HIGH RAMANAGARA DISTRICT - 562 126.
COURT OF
KARNATAKA
2. THE RETURNING OFFICR,
DODDA ALAHALLI GRAM PANCHAYAT,
UYYAMABALLI HOBLI, KANAKAPURA TALUK,
RAMANAGARA DISTRICT - 562 126.
3. THE CHIEF RETURNING OFFICER/ TAHASILDAR,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT - 562 126.
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NC: 2023:KHC:43447
WP No. 26579 of 2023
4. THE DISTRICT ELECTION OFFICER /
THE DEPUTY COMMISSIONER,
RAMANAGARA DISTRICT,
RAMANAGARA - 562 126.
...RESPONDENTS
(BY SRI. M.S. DEVARAJU, ADVOCATE FOR R2;
SMT. B.P. RADHA, AGA FOR R3 AND R4)
VIDE ORDER DATED 01.12.2023 NOTICE TO R1
DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, 1951, PRAYING TO SET ASIDE THE
ORDER DATED 01.09.2023 IN ELEC.C.NO.6/2021 PASSED BY
THE HONBLE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA,
VIDE ANNEXURE-A TO THIS WRIT PETITION BY ALLOWING THE
ELEC.C.NO.6/2021 ON THE FILE OF THE HONBLE SENIOR CIVIL
JUDGE AND JMFC, KANAKAPURA AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Sri.M.S.Devaraju, learned counsel is directed to take
notice for respondent Nos.2 and 3. Learned Additional
Government Advocate is directed to take notice for
respondent No.4.
2. Notice to respondent No.1 is dispensed with in view of the
proposed order to be passed.
NC: 2023:KHC:43447
3. The petitioner is before this Court seeking for the
following reliefs:
"(a) Issue a writ in the nature of certiorari setting aside
the order dated 01.09.2023 in ELEC.C.No.6/2021
passed by the Hon'ble Senior Civil Judge and JMFC,
Kanakapura, vide Annexure-A to this writ petition by
allowing the ELEC.C.No.6/2021 on the file of the
Hon'ble Senior Civil Judge and JMFC, Kanakapura.
(b) Declare that the petitioner to have duly elected in
the election PS.No.305, Block No.3, Dodda Alahalli
Gram Panchayat, Uyyamballi, Hobali, Kanakapura
Taluk, Ramanagara District.
(c) Call for entire records in respect of PS.No.305, Block
No.3, Dodda Alahalli, Gram Panchayat, Uyyamballi
Hobli, Kanakapura Taluk, Ramanagara District.
(d) Pass any other order or orders as deemed fit in the
facts and circumstances of the case including the
cost of this writ petition, in the interest of justice and
equity."
4. The proceeding in Election.C.No.6/2021 came to be
dismissed by the Senior Civil Judge and JMFC,
Kanakapura, by order dated 01.09.2023 on the ground
that all the candidates to an election were not arrayed as
a parties, when the petitioner had sought to be declared
as successful candidate.
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5. This Court has dealt with the said issue in its judgment
rendered in SMT.ABIDA BEGUM VS. MOHD.ISMAIL1
and has categorically held that where a declaration is
sought for by the petitioner to be declared as the
returning candidate in terms of sub Section(1) of Section
17 read with Clause (a) and Sub section (2) of Section 15
of the Karnataka Gram Swaraj and Panchayat Raj Act,
1993, all the candidates were to be arrayed as parties,
since the same has not been done, the defect goes to the
root of the matter requiring the dismissal of the petition,
which is what the trial Court has examined. In that view
of the matter, this defect is not a curable defect; there
would be no purpose served by considering the above
matter, and as such, the petition is dismissed.
Sd/-
JUDGE
rv
CT: BHK
