petitioners challenged a state election commission order under articles 226 and 227 of the constitution, but the petitions were dismissed by the high court for having become infructuous.
the writ petitions were dismissed as having become infructuous.
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, DHARWAD BENCH
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
W.P.NOs. 104393 - 104394 OF 2017 (LB-RES)
BETWEEN:
ROHAN HADIMANI T Digitally signed by ROHAN HADIMANI T
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)
AND:
NC: 2023:KHC-D:14160 WP Nos. 104393 - 104394 of 2017
…RESPONDENTS
(BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, BY QUASHING THE IMPUGNED ORDER DATED:26.12.2016 PASSED IN COMPLAINT NO.SEC 05 ADA 2016 PASSED BY THE STATE ELECTION COMMISSION, KARNATAKA-RESPONDENT NO.2 HEREIN AS PER ANNEXURE-Q AND CONSEQUENTIALLY ALLOWING THE SAID COMPLAINT BY GRANTING THE RELIEF AS PRAYED THEREIN BY THE PETITIONERS AND THEREBY ALLOWING THIS WRIT PETITION; ISSUE A WRIT IN THE NATURE OF PROHIBITION OR ANY OTHER APPROPRIATE WRIT OR ORER OR DIRECTION BY PROHIBITING THE RESPONDENT NO.1 HEREIN FROM FUNCTIONING OR ACTING AS PRESIDENT AS WELL AS MEMBER OF YELLAPUR TALUKA PANCHAYAT, UTTARA KANNADA DISTRICT; ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, BY DIRECTING THE RESPONDENT NO.2 HEREIN TO DISQUALIFY THE RESPONDENT NO.1 HEREIN FROM THE MEMBERSHIP OF THE YELLAPUR TALUKA PANCHAYAT, UTTARA KANNADA DISTRICT AS PER THE PROVISIONS OF THE KARNATAKA LOCAL AUTHORITIES(PROHIBITION OF DEFECTION) ACT, 1987.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The advocate for petitioners submits that the writ
petitions have become infructuous.
Submission is placed on record.
The writ petitions are dismissed as having become
infructuous.
Sd/JUDGE
RH
List No.: 1 Sl No.: 2
1 issue framed by the court
whether writ petitions challenging panchayat election order have become infructuous
1 provisions across 1 enactments
bhartiya janata party, represented by mandal president, yellapura, uttara kannada district, shri raghavendra subraya bhatta (bhatt) and smt. chandrakala venkatr
smt. bhavya sridhar shetty
the state election commission, karnataka
m.i.arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
