Dismissed

Sri Narayanappa v. State of Karnataka

Karnataka HC17 Jul 2023WP/10574/2023

Case brief

AI extract

What is this about?

This writ petition sought a direction under Articles 226 and 227 of the Constitution of India to direct the Principal Senior Civil Judge and JMFC, Anekal, to dispose of a pending election petition expeditiously. The Court, noting the unreasonable delay, directed disposal within three months.

What did the court decide?

The Court directed the Principal Senior Civil Judge and JMFC, Anekal, to dispose of Election Petition No. 5/2021 as expeditiously as possible, at any rate within three months.

Sri Narayanappa Vs State of Karnataka — Election Law | Karnataka HC (2023)

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NC: 2023:KHC:24840 WP No. 10574 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 10574 OF 2023 (LB-ELE)

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BETWEEN:

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SRI NARAYANAPPA S/O LATE PERUMALAPPA AGED ABOUT 58 YEARS R/AT. BOMMASANDRA VILLAGE MUTHANALLUR CROSS 12^TH WARD, SARJAPURA HOBLI ANEKAL TALUK BANGALORE DISTRICT-562107

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…PETITIONER

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(BY SRI. H.V. KRISHNAMURTHY, ADVOCATE FOR SRI. LEELADHAR H P., ADVOCATE)

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AND:

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA REP BY THE PRL., SECRETARY RURAL DEVELOPMENT AND PANCHAYATH RAJ M S BUILDING DR. B.R.AMBEDKAR ROAD, BANGALORE-560001.

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SRI KRISHNA REDDY S/O LATE MUNIREDDY AGED ABOUT 50 YEARS R/AT. NO.241, WARD NO.12 VINAYAKA NAGAR

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NC: 2023:KHC:24840 WP No. 10574 of 2023

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BOMMASANDRA, SARJAPURA HOBLI ANEKAL TALUK

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BENGALURU DISTRICT-562107.

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SRI JAGADISH S/O LATE ANNAPPA, AGED ABOUT 48 YEARS, R/AT. NO.299, A.D. COLONY, WARD NO.12, BOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT-562107.

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SRI. NARESH V., S/O LATE VENKATASWAMY AGED ABOUT 45 YEARS R/AT. NO.25, 12^TH WARD, HOUSING BOARD BOMMASANDRA VILLAGE, WARD NO.12, SARJAPURA HOBLI, ANEKAL TALUK BANGALORE DIST-562107.

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SMT. BHAGYAMMA, W/O SHANTHAKUMAR AGED ABOUT 40 YEARS R/AT NO.303, 6^TH WARD, BOMMASANDRA, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DIST-562107

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SMT. MANJULA, W/O SURESH, AGED ABOUT 38 YEARS R/AT. WARD NO.12, HOUSING BOARD, BOMMASANDRA VILLAGE, SARJAPURA HOBLI,

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NC: 2023:KHC:24840 WP No. 10574 of 2023

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ANEKAL TALUK,

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BANGALORE DIST-562107.

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SRI. RAGHU D V S/O SRI VENKATASWAMAPPA AGED ABOUT 36 YEARS, R/AT. NO.20, 12^TH WARD, BOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DIST-562107.

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SRI. RAVIKUMAR S S/O LATE CHELUVARAJ AGED ABOUT 39 YEARS, R/AT. NO.20, 12^TH WARD, BOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DIST-562107.

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SRI. SHANTHARAJU S/O RANGAPPA AGED ABOUT 37 YEARS, R/AT. NO.303, 6^TH WARD, BOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DIST-562107.

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SMT. SARASWATHI S W/O RAMAKRISHNA AGED ABOUT 40 YEARS, R/AT. NO.185, 6^TH WARD, HOUSING BOARD, BOMMASANDRA VILLAGE,

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NC: 2023:KHC:24840 WP No. 10574 of 2023

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SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DIST-562107.

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THE ELECTION OFFICER CUM RETURNING OFFICER BOMMASANDRA GRAMA PANCHAYATH, ANEKAL TALUK, (R. 3, 4, 5 TO 10 ARE EXPARTE AND R2 AND 11 ARE CONTESTING PARTIES)

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…RESPONDENTS

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(BY SRI. NITHYANANDA K.R., AGA FOR R1 & R11)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE FORM OF WRIT DIRECTING THE PRL SENIOR CIVIL JUDGE AND JMFC ANEKAL TO DISPOSE OF THE ELECTION PETITION IN ELECTION PETITIION NO. 5/2021 PENDING ON THE FILE OF THE PRL SENIOR CIVIL JUDGE AND JMFC ANEKAL EXPEDITIOUSLY AS POSSIBLE WITHIN 2 MONTHS BY WRIT OF MANDAMUS UNDER ANNX-B.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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R.DEVDAS J., (ORAL):

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The prayer in this writ petition is to direct the learned

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Principal Senior Civil Judge and JMFC, Anekal to dispose of

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NC: 2023:KHC:24840 WP No. 10574 of 2023

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the Election petition in E.P.No.5/2021 filed by the

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petitioner herein, within a stipulated time.

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Learned Counsel for the petitioner submits that

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the second respondent herein has been declared the successful candidate and his election as a Member of Bommasandra Gram Panchayat has been questioned by the petitioner in the Election petition. Learned Counsel submits that although the election petition was filed on 27.01.2021, the same has not been disposed of and therefore, the petitioner is before this Court.

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Having regard to the innocuous prayer made by the petitioner and having regard to the unreasonable delay in the disposal of the Election petition and also in view of the express provision contained in sub-section (6) of Section 17 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, which provides that every election petition shall be tried as expeditiously as possible and endeavor shall be made to conclude the trial within six months from

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NC: 2023:KHC:24840 WP No. 10574 of 2023

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the date on which the election petition is presented to the Designated Court for trial, this Court deems it fit to direct the learned Principal Senior Civil Judge and JMFC, Anekal, to dispose of the Election Petition in E.P.No.5/2021 as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of this order.

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Accordingly, writ petition stands disposed of.

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Sd/JUDGE

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JT/-

Sri Narayanappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Narayanappa v. State of Karnataka

Case brief

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