Petitioner sought a writ directing the Deputy Commissioner to declare a new Gram Panchayat area before declared 2020 elections. The Court held that mandatory representation to the officer was required and no relief was granted.
No relief granted. Petitioner directed to approach Deputy Commissioner with a proper representation.
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 AT BENGALURU DATED THIS THE 01ST DAY OF DECEMBER, 2020
PRESENT
THE HON’BLE MR. ABHAY S.OKA, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO.12210 / 2020 (LB-RES) PIL
BETWEEN
Sri.Nagesh Mullapudi S/o Venkata Rao Aged about 40 years R/o Shanthinagar Village Gorebal Hobli Sindhanur Taluk Raichur District-584 128. …..PETITIONER (BY Sri.Bhanuprakash V.G, Advocate)
AND:
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This Writ Petition is filed under Articles 226 & 227 of the Constitution Of India, praying to issue direction to R-2 to consider declaring Shanthinagar as a new Gram Panchayat area prior to the ensuing elections to be declared for the year 2020 vide Annexure-E , etc.
This Petition coming on for Orders this day, through Video Conferencing, Chief Justice made the following:
O R D E R
Heard the learned counsel appearing for the petitioner, the learned Additional Government Advocate for the first to third respondents and the learned senior counsel appearing for the fourth respondent/State Election Commission.
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(a) Subject to what is observed above, no relief
can be granted in this writ petition. However, it will always be open for the petitioner to make appropriate application/representation to the Deputy Commissioner for exercise of powers under Section 4(1) of the said Act 1993. If such a representation is made, the Deputy Commissioner shall decide the same as expeditiously as possible;
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adjudication on the question whether a new Grama
Panchayat deserves to be formed.
Sd/CHIEF JUSTICE
Sd/JUDGE
KNM/-
2 issues framed by the court
Whether the Court can issue a direction to the Deputy Commissioner to declare a new Gram Panchayat area prior to declared elections when no application has been filed?
Whether the Court can postpone the election programme under Article 226 when elections are already declared?
2 provisions across 2 enactments
Nagesh Mullapudi
The State of Karnataka
The Deputy Commissioner Raichur
The Thasildar Sindhanur
The State Election Commission
Abhay S.oka
S. Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
