The Karnataka High Court at Dharwad Bench dismissed the writ petition filed under Articles 226 and 227 of the Constitution as infructuous, holding that the underlying elections had been concluded in 2020, rendering the present petition invalid.
The writ petition seeking quashing of the endorsement and a fresh meeting was 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.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 14TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 106418 OF 2018 (LB)
BETWEEN:
ROHAN HADIMANI T
Digitally signed by ROHAN HADIMANI T Location: High Court of Karnataka, Dharwad
NC: 2023:KHC-D:7214 WP No. 106418 of 2018
…PETITIONERS
(BY SRI SANGRAM S. KULKARNI, ADVOCATE.)
AND:
R/O: GRAM PANCHAYAT, PARISHWAD, TQ: KHANAPUR, DIST: BELAGAVI.
…RESPONDENTS
(BY SRI PRASHANT V. MOGALI, HCGP FOR R.1 & R.2; SRI SANJAY S. KATAGERI, ADVOCATE FOR R.3; NOTICE TO RESPONDENTS NO. 4 & 6 IS HELD SUFFICIENT; NOTICE TO RESPONDENT NO.5 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE ENDORSEMENT DATED 02/08/2018 VIDE ANNEXURE-E ISSUED BY THE SECOND RESPONDENT ASSISTANT COMMISSIONER, BELAGAVI; ISSUE A WRIT OF MANDAMUS DIRECTING THE SECOND RESPONDENT ASSISTANT COMMISSIONER, BELAGAVI, TO HOLD A FRESH MEETING TO CONSIDER THE NO CONFIDENCE MOTION, ETC.,.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners has filed a memo
seeking to dismiss the writ petition as the elections were
held in the year 2015 and it has come to an end by 2020.
memo are placed on record. The writ petition is dismissed as having become infructuous.
Sd/JUDGE
MRK
List No.: 1 Sl No.: 2
1 issue framed by the court
Whether the writ petition seeking quashing of an endorsement in an election dispute is maintainable given the lapse of time since the concluded elections.
1 provisions across 1 enactments
Nazir Appalal Makandar and others
State of Karnataka
Assistant Commissioner, Belagavi
Ashok Gurusiddappa Angadi
Basavaraj Kallappa Kukadolli
Babu Siddappa Kanchi
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
