High Court of Karnataka dismissed a writ petition challenging the conduct and vote counting in a Grama Panchayat election. The Court held the petition was not maintainable, directing the petitioner to use the electoral remedy of filing an election petition under Section 15 of the Karnataka Grama Swaraj and Panchayat Raj Act.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2021
BEFORE
THE HON’BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.6070 OF 2021(LB-ELE)
BETWEEN
(BY SRI. CHANDRAKANTH R.GOULAY, ADVOCATE)
AND
| 2. | THE ASSISTANT COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA -577522 |
|---|---|
| 3. | THE TAHSILDAR, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522 |
| 4. | THE RETURNING OFFICER, ELECTION TO THE PARASURAMPUR GRAMA PANCHATH CHALLAKERE TALUK CHITRADURGA DISTRICT-577522 |
| 5. | SRI.E.NAGARAJ, MAJOR, RESIDENT OF HULIKATTE VILLAGE, CHALLAKERE TALUK CHITRADURGA DISTRICT-577522 |
| 6. (BY |
SMT.S.MANJULA, MAJOR RESIDENT OF HULIKATTE VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522 …RESPONDENTS SMT.PRATHIMA HONNAPURA, AGA FOR R1 TO R4) |
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS PERTAINING TO THE BALLOT PAPERS, OF THE ELECTION HELD ON 27.12.2020 IN SO FAR AS IT RELATES TO HULIKATTE VILLAGE, 7TH BLOCK OF PRASHURAMPUR GRAMA PANCHAYATH, CHALLAKERE TALUK, CHITRADURGA DISTRICT AND ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
Learned AGA is directed to take notice for respondents No.1 to 4.
The petitioners are candidates for the election held to the post of Members of Parashurampura Grama Panchayat of Challakere Taluk. The prayer made in the writ petition is to declare the procedure of conduct of elections in particular the manner of counting of votes by respondent No.4, as illegal, void and in violation of Election Rules.
Needless to observe that the petitioners are at liberty to file election petition as stated above to redress their grievances.
SD/JUDGE
rv
1 issue framed by the court
Whether a writ petition challenging election irregularities is maintainable when a statutory election petition remedy exists.
SMT.E.PUSHPA AND ANR.
STATE OF KARNATAKA AND OTHERS
R DEVDAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
