Writ petition challenging the quashing of an election certificate. Court dismissed the petition as infructuous because the Mayor's term had expired.
The Writ Petition was dismissed as having become infructuous on the ground that the term of the Mayor had expired.
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 6TH DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO.2039 OF 2020 (LB-RES)
BETWEEN:
SMT. SUVARNA N W/O SHANKER.H AGED ABOUT 50 YEARS, RESIDING AT “SUVARNA NILAYA” 7TH CROSS, A BLOCK, SHARAVATHINAGARA, SHIVAMOGGA-577 301.
…PETITIONER
(BY SRI. VENKATESH T.S., ADVOCATE (THROUGH VC))
AND:
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…RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 3;
SRI. A. MAHAMMED TAHIR, ADVOCATE FOR RESPONDENT NOS.5 AND 6;
SRI. ASHWIN S. HALADY, ADVOCATE FOR RESPONDENT NO.4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23.01.2020 PASSED BY THE 3RD RESPONDENT IN
CASE No.CASTE.CR.01/2019-20 VIDE ANNEXURE-A AND ETC.
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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
This petition is filed to challenge the Order passed by the respondent No.3 dated 23.01.2020 by which the BCM ‘B’ category certificate dated 31.12.2019 issued by the Tahasildar, Shivamogga, to the petitioner to contest elections to the post of Mayor was set aside.
In that view of the matter, this Writ Petition is dismissed as having become infructuous. However, the issues raised by the petitioner in this petition are kept
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open to be considered in an appropriate petition that may be filed either by the petitioner or any one else.
The pending interlocutory application stands disposed off.
Sd/JUDGE
sma
1 issue framed by the court
Whether to allow the petition challenging the order setting aside the BCM 'B' category certificate issued to the petitioner to contest the post of Mayor.
1 provisions across 1 enactments
SMT. SUVARNA N W/O SHANKER.H
THE STATE OF KARNATAKA
THE ASSISTANT COMMISSIONER SHIVAMOGGA
THE COUNCIL SECRETARY SHIVAMOGGA MAHANAGARA PALIKE
SRI. MANJUNATH K.M.
SRI. SATISH M
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
