The court dismissed the writ petition under Articles 226 and 227 of the Constitution, holding that the dispute regarding an election scheduled in 2018 had lapsed over four years and the petitioner failed to comply with objections or offer explanations.
The petition was rejected and dismissed.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.12277 OF 2018 (GM-RES)
BETWEEN:
SRI DASE GOWDA S/O. DASE GOWDA, AGED ABOUT 32 YEARS, ASSISTANT AND MEMBER OF KPTC EMPLOYEES UNION CHESCOM-SUB DIVISION -1, MALLAVALLI SUB DIVISION, MADDURU DIVISION, MADDURU, MANDYA DISTRICT
…PETITIONER
(BY SRI. JAYAKUMAR P.P., ADVOCATE)
AND:
1 . KARNATAKA POWER TRANSMISSION CORPORATION EMPLOYEES UNION, (REG NO. 659), CENTRAL COMMITTEE, "A" STATION COMPOUND, SUBHEDAR CHATTHARM, S.C. ROAD, BENGALURU - 560 009. REP BY ITS GENERAL SECRETARY, BY NAME: BALARAM K.
2 . SRI. CHANDRASHEKAR H C ORGANISING SECRETARY, KPTC EMPLOYEES UNION (REG NO. 659), MANDYA CIRCLE, MANDYA
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RELEVANT RECORDS; DIRECT AND DECLARE THE RESPONDENTS TO APPROVEK THE PETITIOENR CANDIDATURE FOR THE NOMINATE THE MEMBERS OF LOCAL COMMITTEE OF MADDUR DAVISON, BRANCH OF KARNATAKA POWER
2
TRANSMISSION CORPORATION EMPLOYEES UNION (659) AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The grievance of the petitioner then was essentially in connection with the election that was scheduled to be held on 21.03.2018. Since then more than four years having lapsed, it can be assumed that the lis has withered away, there being nothing to controvert his assumption.
The above apart, petitioner was granted three opportunities to comply with the office objections and since last four years there has been no compliance nor any explanation offered till date.
In view of the above, petition is liable to be rejected &
accordingly it is.
Sd/JUDGE
DS
2 issues framed by the court
Whether the writ petition regarding the nomination for Local Committee should be granted given the lapse of time and lack of compliance?
Whether the petition regarding the election matter should be dismissed due to the waning of the dispute over four years?
1 provisions across 1 enactments
Sri Dase Gowa S/O. Dase Gowa
Karnataka Power Transmission Corporation Employees Union
Sri. Chandrashekar H C
Krishna S.Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
