Two writ petitions filed regarding APMC election procedures under Articles 226 and 227 were dismissed by the Karnataka High Court as withdrawn by the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JULY 2019
BEFORE
THE HON’BLE MR. JUSTICE K.N.PHANEENDRA
W.P.No.201992/2017 (APMC) C/w
W.P.No.65699/2016 (APMC)
In W.P.No.201992/2017:
Between:
Prakash S/o Malgonda Age: 41 years, Occ: Agriculture R/o Wadagaon Village Tq. Aurad, Dist. Bidar-585401
… Petitioner
(By Sri Manure Ashok Kumar, Advocate)
And:
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… Respondents
(By Sri K.M.Ghate, AGA)
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to (a) issue an order direction or writ in the nature of writ of certiorari, quashing the impugned notification dated 27.03.2017 No.PÀA/PÀÈGªÀiÁ/ZÀÄ£Á/97/2016-17 in so far as President and VicePresident election of APMC Aurad-(B) Tq. Aurad, Dist: Bidar issued by 3rd respondent vide Annexure-E to the writ petition. (b) Issue an order or directions or writ in the nature of writ of mandamus directing the respondent No.3 and 4 to permit the petitioner to participate the election proceeding for President and Vice-President of APMC Aurad (B), Tq. Aurad, held on 02.05.2017, etc.
In W.P.No.65699/2016:
Between:
Prakash S/o Malgoanda Age: 41 years, Occ: Agriculture R/o Wadagaon Village Tq. Aurad, Dist. Bidar-585401
… Petitioner
(By Sri Manure Ashok Kumar, Advocate for Sri Nagarajappa A., Advocate)
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And:
… Respondents (By Sri K.M.Ghate, AGA for R1 to R3 Sri Mallikarjun Basareddy, Advocate for R4)
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to (a) issue an order direction or writ in the nature of writ of certiorari, quashing the revised Official Memorandum dated 16.12.2016 in No.Kam Kru Ma/Chuna/04/2016-17 in so far as 7 Madagao Agriculture BCA constituency to the APMC, Aurad, issued by the 3rd respondent, produced as Annexure-C to the writ petition. (b) Issue an order or direction or writ in the nature of writ of mandamus directing the respondent Nos.3 and 4 to declare the election of the petitioner being elected from 7 Madagao Agriculture BCA constituency to the APMC, Aurad, produced as Annexure-B to the writ petition, etc.
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These petitions coming on for preliminary hearing in ‘B’ group this day, the Court made the following:
O R D E R
The learned counsel for the petitioner files a memo
seeking permission to withdraw the writ petitions.
The memo is placed on record. Writ petitions are
dismissed as withdrawn.
Sd/JUDGE
swk
Prakash S/o Malgonda
State of Karnataka
K.N.Phaneendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
