Dismissed

Sri. Chinnaswamy v. State of Karnataka

Karnataka HC20 Jul 2023WP/14091/2023

Case brief

AI extract

What is this about?

Five clubbed writ petitions challenged a reservation notification for Gram Panchayat elections, alleging repeated categories contrary to rotation norms. The court found the Deputy Commissioner followed guidelines but directed the State to amend guidelines to allow discretion for avoiding repetitions.

What did the court decide?

Writ petitions dismissed; however, the State Government and State Election Commission directed to incorporate necessary changes in guidelines to avoid repetition of reservation categories.

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

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NC: 2023:KHC:25368 WP No. 14091 of 2023 C/W WP No. 13938 of 2023 WP No. 14230 of 2023 WP No. 14341 of 2023 WP No. 15279 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 14091 OF 2023 (LB-ELE)

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C/W

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WRIT PETITION NO. 13938 OF 2023 (LB-ELE), WRIT PETITION NO. 14230 OF 2023 (LB-ELE), WRIT PETITION NO. 14341 OF 2023 (LB-ELE), WRIT PETITION NO. 15279 OF 2023 (LB-ELE),

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IN WP NO.14091/2023

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BETWEEN:

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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SRI. CHINNASWAMY S/O KAVERAPPA AGED ABOUT 47 YEARS, R/O NO. 209,

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NEAR SRI. RENUKA YELLAMMA TEMPLE, HUSKUR ANEKAL TALUK

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BENGALURU RURAL DISTRICT 562 107

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…PETITIONER

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(BY SRI. SHIVARAMU H C., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY ITS SECRETARY,

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DEPARTMENT OF PANCHAYAT RAJ,

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NC: 2023:KHC:25368 WP No. 14091 of 2023 C/W WP No. 13938 of 2023 WP No. 14230 of 2023 WP No. 14341 of 2023 WP No. 15279 of 2023

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M.S BUILDING,

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BENGALURU 560 001

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DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT

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BENGALURU 5600 20

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KARNATAKA STATE ELECTION COMMISSION 2nd AND 3rd FLOOR, NO. 16, BELLARY ROAD, SADASHIVANAGAR BENGALRUU 560 080 BY ITS ELECTION COMMISSIONER

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HUSKURU GRAMA PANCHAYAT HUSKURU VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT-562 107

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BY ITS PANCHAYAT DEVELOPMENT OFFICER

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…RESPONDENTS

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(BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI. SANTHOSH KUMAR M.B., HCGP FOR R1 & R2 SRI. K.N.PHANINDRA, SR. COUNSEL A/W MS. YASHWINI RAJ, ADVOCATE FOR SMT. VAISHALI HEGDE, ADVOCATE FOR R3) V/O. DTD. 12.07.2023, NOTICE TO R4 IS D/W.

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LIST DTD. NIL BEARING NO. NIL ISSUED BY R-2 DEPUTY COMMISSIONER AND PUBLISHED IN THE GOVT. OF INDIA NIC WEBSITE DTD. 21.06.2023 PRODUCED AT ANNEXURE-C PRESCRIBING RESERVATION OF POST OF ADHYAKSHA AND

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NC: 2023:KHC:25368 WP No. 14091 of 2023 C/W WP No. 13938 of 2023 WP No. 14230 of 2023 WP No. 14341 of 2023 WP No. 15279 of 2023

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UPADHYAKSHA IN DIFFERENT GRAMA PANCHAYATS SITUATED IN ANEKAL TALUK, IN SO FAR AS IT PERTAIN TO R-4 GRAMA PANCHAYAT BY ISSUING A WRIT IN THE NATURE OF CERTIORARI AND ETC.,

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IN WP NO.13938/2023

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BETWEEN:

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SRI. MADHU KUMAR K S/O LATE KARIYAPPAL AGED ABOUT 46 YEARS, R/O NO. 192, BEHIND LAXMINARAYANASWAMY TEMPLE, BALLUR VILLAGE ATTIBELE HOBLI, ANEKAL TALUK

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BENGALURU RURAL DISTRICT 562 107

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...PETITIONER

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(BY SRI./SMT : SHIVARAMU H C)

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AND

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1 . STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF PANCHAYAT RAJ M S BUILDING,

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BENGALURU 560001

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2 . DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT 560001 BENGALURU

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3 . KARNATAKA STATE ELECTION COMMISSION 2nd AND 3rd FLOOR,

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NO. 16 BELLARY ROAD, SADASHIVANAGAR BENGALURU 560080

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BY ITS ELECTION COMMISSIONER

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4 . BALLURU GRAMA PANCHAYAT BALLURU VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT 562 107 BY ITS PANCHAYAT DEVELOPMENT OFFICER

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…….RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LIST DTD NIL BEARING NO.NIL ISSUED BY R-4 DEPUTY COMMISSIONER AND PUBLISHED IN THE GOVRNMENT OF INDIA NIC WEBSITE DTD 21.6.2023 PRESCRIBING RESERVATION OF POST OF ADHYAKSHA AND UPADHYAKSHA IN DIFFERENT GRAMA PANCHAYATS SITUATED IN ANEKAL TALUK, IN SO FOR AS IT PERTAINS TO FOURTH RESPONDENT GRAMA PANCHAYAT MARKED AS ANNX-C BY ISSUING A WRIT IN THE NATURE OF CERTIORARI AND ETC.,

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NC: 2023:KHC:25368 WP No. 14091 of 2023 C/W WP No. 13938 of 2023 WP No. 14230 of 2023 WP No. 14341 of 2023 WP No. 15279 of 2023

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IN WP NO.14230/2023

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BETWEEN:

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1 . SHRI NAGARAJAPPA S/O LATE MUNIYAPPA, AGED ABOUT 59 YEARS, R/AT NO.162, JANATHA COLONY, KOMMASANDRA, SARJAPUR ROAD, ANEKAL TALUK, BENGALURU DISTRICT.

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2 . SHRI HARISH REDDY S/O KOMALESH REDDY, AGED ABOUT 36 YEARS, R/AT KOMMASANDRA, SARJAPUR ROAD, ANEKAL TALUK, BENGALURU DISTRICT.

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3 . SHRI JAYARAM M

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S/O MUNIYELLAPPA, AGED ABOUT 42 YEARS, R/AT NO.1/17, RAJA GRUHA, AMBEDKAR STREET, NEAR SHANI MAHATMA TEMPLE, MUTHANALLU, SARJAPURA ANEKAL TALUK.

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4 . SHRI MOHAN BABU @ MOHAN N R S/O RAMASWAMY REDDY, AGED ABOUT 46 YEARS, R/AT NO.255, NEAR H P PETROL BUNK, NARAYANAGHATTA, SARJAPURA HOBLI,

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ANEKAL TALUK, BENGALURU DISTRICT.

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...PETITIONERS

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(BY SRI. PRAKASH T HEBBAR, ADVOCATE)

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AND

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1 . STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF PANCHAYATHRAJ AND RURAL DEVELOPMENT, MS BUILDING, DR. AMBEDKAR VEEDHI,

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BENGALURU-560001.

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2 . STATE ELECTION COMMISSION BEHIND KSSCMC BUILDING, NO.8, FIRST FLOOR, CUNNINGHAM ROAD, BENGALURU-560052.

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3 . THE DEPUTY COMMISSIONER BENGALURU DISTRITCT AND ELECTION OFFICER, KG ROAD,

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BENGALURU-560009.

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4 . PANCHAYATH DEVELOPMENT OFFICER, MUTHANALLUR GRAM PANCHAYATH, SARJAPUR HOBLI, ANEKAL TALUK, BENGALURU DISTRICT.

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……RESPONDENTS

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(BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI. SANTHOSH KUMAR M.B., HCGP FOR R1 & R3

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SRI. K.N.PHANINDRA, SR. COUNSEL A/W MS. YASHWINI RAJ, ADVOCATE FOR SMT. VAISHALI HEGDE, ADVOCATE FOR R2) V/O. DTD. 10.07.2023, NOTICE TO R4 IS D/W.

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER ISSUED BY THE R3 BEARING NO CHUNA(GRA PUM)/CR/02/2023-24 DATED 21/06/2023 AS PER ANNEXUREA AND FURTHER TO DIRECT THE RESPONDENTS TO ISSUE FRESH NOTIFICATION RESERVING THE APPROPRIATE CATEGORY FOR THE POST OF PRESIDENT OF MUTHANALLUR GRAM PANCHAYATH STRITCLY IN ACCORDANCE WITH SEC 44 OF THE KARNATAKA GRAM SWARAJ AND PANCHAYATHRAJ ACT, 1993 AND ETC.,

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IN WP NO.14341/2023

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BETWEEN

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1 . M. SUBRAMANI

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S/O LATE MUNIRAJU AGED ABOUT 41 YEARS, NO.51, MADAPPANAHALLI VILLAGE, KUGUR POST, ANEKAL TALUK, BANGALORE-562125

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(MUGULUR GRAM PANCHAYATH MEMBER)

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2 . N.V. MARIYAPPA

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S/O LATE VENKATA REDDY, AGED ABOUT 60 YEARS, R/AT NERIGA VILLAGE, ANEKAL TALUK, SARJAPURA HOBLI, BANGALORE-562125 (NERIGA GRAMA PANCHAYATH MEMBER)

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...PETITIONERS

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(BY SRI. JAYAKUMAR S PATIL, SR. COUNSEL FOR SRI. PRUTHVI WODEYAR, ADVOCATE)

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AND

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1 . STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT M.S. BUILDING BANGALORE 560 001, REP BY ITS SECRETARY.

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2 . UNDER SECRETARY STATE ELECTION COMMISSION 2^ND AND 3^RD FLOOR, NO.16, BELLARY ROAD, SADASHIV NAGAR, BANGALORE-560080

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3 . THE DEPUTY COMMISSIONER AND DISTRICT ELECTION OFFICER BANGALORE DISTRICT, BANGALORE-01

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4 . BALLURU GRAMA PANCHAYATH BALLURU GRAMA, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE - 562107 REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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5 . BANNERUGHATTA GRAMA PANCHAYATH BANNERUGHATTA GRAMA AND POST, JIGANI HONBLI, ANEKAL TALUK, BENGALURU-560083

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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6 . BIDARAGUPPE GRAMA PANCHAYATH BIDARAGUPPE GRAMA, ATTIBELE HOBLI, ANEKAL TALUK 562107, BANGALORE

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REP BY ITS PANCHAYATH DEVELOPMENT OFFCER

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7 . BILLAPURA GRAMA PANCHAYATH BILLAPURA VILLAGE, SARJAPURA (H.D), ANEKAL TALUK, BANGALORE-562125

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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8 . BYAGADADENAHALLI GRAMA PANCHAYATH BYAGADENAHALLI GRAMA, KASABA HOBLI, ANEKAL TALUK, BANGALORE-562106

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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9 . DOMMASANDRA GRAMA PANCHAYATH DOMMASANDRA GRAMA, SARJAPURA HOBLI, ANEKAL TALUK,

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BAGALORE-562125

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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10 . HANDENAHALLI GRAMA PANCHAYATH

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HANDENAHALLI GRAMA, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE-562125

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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11 . HAREGADDE GRAMA PANCHAYATH HAREGADDE GRAMA, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE-560105

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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12 . HENNAGARA GRAMA PANCHAYATH HENNAGARA GRAMA, JIGANI HOBLI,

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ANEKAL TALUK, BANGALORE-560099

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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13 . HULIMANGLA GRAMA PANCHAYATH HULIMANGALA GRAMA, JIGANI TALUK, BANGALORE-560105

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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14 . HUSKUR GRMA PANCHAYATH HUSKUR GRAMA, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE-660099

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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15 . INDLAVADA GRAMA PANCHAYATH INDLAVADA GRAMA, KASABA HOBLI, ANEKAL TALUK, BANGALORE-562106

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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16 . KARPURA GRAMA PANCHAYATH KARPURA VILLAGE, BESTABHOMMANAHALLI HOBLI, ANEKAL TALUK, BANGALORE-562106

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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17 . MANTAPPA GRAMA PANCHAYATH MANTAPA GRAMA, JIGANI HOBLI, ANEKAL TALUK, BANGALORE-560083 REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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18 . MARASURU GRAMA PANCHAYATH MARASURU GRAMA, MARASURU POST, ANEKAL TALUK, BANGALORE 562106

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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19 . MAYASANDRA GRAMA PANCHAYATH MAYASANDRA VILLAGE,ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE-562107

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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20 . MUGALURU GRAMA PANCHAYATH MUGLURU GRAMA, SARJAPUR HOBLI, ANEKAL TALU, BANGALORE-562125

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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21 . MUTTANELLURU GRAMA PANCHAYATH MUTTNELLURU GRAMA, SARJAPURA HOBLI, ANEKAL TALUK, BANGLORE-560099

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22 . NERALURU GRAMA PANCHAYATH NERALURU GRAMA, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE-562125

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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23 . NERIGA GRAMA PANCHAYATH NEIGA GRAMA, SARJAPURA HOBLI, ANEKAL TALUK, BANGLORE-562125

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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24 . RAGIHALLI GRAMA PANCHAYATH RAGIHALLI GRAMA, JIGANI HOBLI, ANEKAL TALUK, BANGALORE-560083 REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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25 . SAMANDURU GRAMA PANCHAYATH SAMANDURU GRAMA, KASABA HOBLI, ANEKAL TALUK, BANGALORE-562106 REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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26 . SARJAPURA GRAMA PANCHAYATH SARJAPURA GRAMA AND HOBLI, ANEKAL TALUK, BANGALORE-562125 REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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27 . SHANTIPURA GRAMA PANCHAYTH SHANTIPURA GRAMA, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE-560100

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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28 . SURAJAKKANAHALLI GRAMA PANCHAYATH SURAJAKKANAHALLI GRAMA, BANNERUGHATTA ROAD, ANEKAL TALUK, BANGALORE-562105

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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29 . VANAKANAHALLI GRAMA PANCHAYATH VANAKANAHALLI GRAMA, KASABA HOBLI, ANEKAL TALUK, BANGALORE-562106

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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30 . YAMARE GRAMA PANCHAYATH

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YAMARE GRAMA, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE-562125

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER

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…….RESPONDENTS

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(BY SMT. PRATHIMA HONNAPURA, AAG A/W

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SRI. SANTHOSH KUMAR M.B., HCGP FOR R1 & R3 SRI. K.N.PHANINDRA, SR. COUNSEL A/W MS. YASHWINI RAJ, ADVOCATE FOR SMT. VAISHALI HEGDE, ADVOCATE FOR R2) V/O. DTD. 10.07.2023, NOTICE TO R4 TO R30 IS D/W.

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ORDER DATED 25/05/2023 IN NO RACHUA 53 EGP 2022 PASSED BY THE R2 VIDE ANNEXURE-D AND THE NOTIFICATION IN NO CHUNA GRAPUM CR/02/2023-24 DATED 21/06/2023 ISSUED BY THE R3 AT ANNEXURE-D1 AND ETC.,

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IN WP NO. 15279/2023

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BETWEEN

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BHARATH .S. S/O LATE S M SRINIVAS, AGED ABOUT 29 YEARS, NO.7, 15^TH CROSS, 5^TH MAIN, LAKKASANDRA, BANGALORE-560030, (SARJAPURA GRAMA PANCHAYATH MEMBER)

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...PETITIONER

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(BY SRI. JAYAKUMAR S PATIL, SR. COUNSEL FOR SRI. PRUTHVI WODEYAR, ADVOCATE)

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AND

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1 . STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, MS BUILDING, BANGALORE-560001, REP BY ITS SECRETARY.

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2 . UNDER SECRETARY STATE ELECTION COMMISSION, 2^ND AND 3^RD FLOOR, NO.16, BELLARY ROAD,

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SADASHIV NAGAR, BANGALORE-560080.

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3 . THE DEPUTY COMMISSIONER AND DISTRICT ELECTION OFFICER BANGALORE DISTRICT, BANGALORE-01.

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4 . BANNERUGHATTA GRAMA PANCHAYATH BANNERUGHATTA GRAMA AND POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU-560083,

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER.

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5 . HENNAGARA GRAMA PANCHAYATH HENNAGARA GRAMA, JIGANI HOBLI, ANEKAL TALUK, BENGALURU-560099,

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER.

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6 . KARPURA GRAMA PANCHAYATH KARPURA VILLAGE,

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BESTABHOMMANAHALLI HOBLI,

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ANEKAL TALUK, BENGALURU-562106,

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER.

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7 . MANTAPA GRAMA PANCHAYATH MANTAPA GRAMA, JIGANI HOBLI, ANEKAL TALUK, BENGALURU-560083,

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER.

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8 . MARASURU GRAMA PANCHAYATH MARASURU GRAMA, MARASURU POST, ANEKAL TALUK, BENGALURU-562106,

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER.

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9 . MAYASANDRA GRAMA PANCHAYATH MAYASANDRA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK,

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BENGALURU-562107,

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER.

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10 . RAGIHALLI GRAMA PANCHAYATH RAGIHALLI GRAMA, JIGANI HOBLI,

¶190

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ANEKAL TALUK, BENGALURU-560083,

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER.

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11 . SAMANDURU GRAMA PANCHAYATH SAMANDURU GRAMA, KASABA HOBLI, ANEKAL TALUK, BENGALURU-562106,

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER.

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12 . SARJAPURA GRAMA PANCHAYATH SARJAPURA GRAMA AND HOBLI, ANEKAL TALUK, BENGALURU-562125, REP BY ITS PANCHAYATH DEVELOPMENT OFFICER.

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13 . SHANTIPURA GRAMA PANCHAYATH SHANTIPURA GRAMA, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU-560100, REP BY ITS PANCHAYATH DEVELOPMENT OFFICER.

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14 . SURAJAKKANAHALLI GRAMA PANCHAYATH

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SURAJAKKANAHALLI GRAMA, BANNERUGHATTA ROAD, ANEKAL TALUK, BENGALURU-562105,

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER.

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15 . VANAKANAHALLI GRAMA PANCHAYATH VANAKANAHALLI GRAMA, KASABA HOBLI, ANEKAL TALUK, BENGALURU-562106,

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REP BY ITS PANCHAYATH DEVELOPMENT OFFICER.

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……RESPONDENTS

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(BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI. SANTHOSH KUMAR M.B., HCGP FOR R1 & R3 SRI. K.N.PHANINDRA, SR. COUNSEL A/W MS. YASHWINI RAJ, ADVOCATE FOR

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SMT. VAISHALI HEGDE, ADVOCATE FOR R2)

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING – B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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COMMON ORDER

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R.DEVDAS J., (ORAL):

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Since common questions of law arise for

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consideration in these petitions, they are clubbed together, heard and disposed of by this common order.

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All these writ petitions arise out of Anekal Taluk and the writ petitioners are members of various Gram Panchayats of Anekal Taluk. They are aggrieved of the impugned notification issued by the respondent-Deputy Commissioner-cum-Election Officer.

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Sri Jayakumar S.Patil, learned Senior Counsel who spearheaded the arguments on behalf of some of the petitioners, pointed out to some of the anomalies from the

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checklist maintained by the respondent-Deputy Commissioner. It was mainly pointed out that whatever reservations were given in the year 2015 have been repeated in the second term of the 2020 elections to the posts of Adhyakshas and Upadhyakshas of the Gram Panchayats. As an example it was pointed out that at Sl.No.1 Vanakanahalli Gram Panchayat, in the year 2015 reservation of the post Adhyaksha was given to General (Female); in the first term of 2020 it was given to Scheduled Caste and now in the second term of 2020 again General (Female) reservation is given. Similarly at Sl.No.2 Samanduru, in the year 2015 Scheduled Caste

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(Female) reservation was given and again this time Scheduled Caste (Female) reservation is given. Similarly in Marasuru Gram Panchayat in the year 2015, General category reservation was given and this time again,

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reservation is repeated. Similarly in Byagadadenahalli in the year 2015, Scheduled Caste reservation was given and again this time Scheduled Caste reservation is given.

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The learned Senior Counsel therefore submitted that it would not be enough if the learned Additional Advocate General appearing on behalf of the Deputy Commissioner submitted that a computerised system known as GPPVP application is being followed and that the guidelines issued by the State Election Commission in the form of a Government Order dated 25.05.2023 has been scrupulously followed by the Deputy Commissioner. When such anomaly is pointed out that all the reservations that were given in the year 2015 have been repeated immediately after one term, it is a matter of concern and it also reflects on the guidelines and the computerized

¶224

system. The learned Senior Counsel had therefore submitted that relevant factors such as the ones pointed out hereinabove should be fed into the system so that

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repetitions would not happen. Learned Senior Counsel submitted that it would not be sufficient if the learned Senior Counsel appearing for the State Election Commission submitted that the guidelines contained in Clause (v) pertaining to the General category has been followed.

¶228

Earlier, learned Senior Counsel Sri K.N.Phanindra, appearing for the respondent-State Election Commission had submitted that clauses (iv) and (v) of the guidelines have been followed scrupulously by the Deputy Commissioner and in fact, the results have been thrown out of the computer and not by way of an human intervention. In that regard, learned Senior Counsel Sri Jayakumar S. Patil, submits that if these types of anomalous situation arise out of the working of the system, then necessary discretion should be vested with the Deputy Commissioner to make relevant changes so

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that there will not be repetition of the reservation category.

¶232

Learned Senior Counsel Sri K.N.Phanindra,

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appearing for the respondent-State Election Commission had in fact, accepted the suggestion made by this Court on

¶234

an earlier occasion and had undertaken to re-do the exercise manually to find out whether there could be any change and accordingly the learned Senior Counsel Sri K.N.Phanindra, has today, placed certain information before this Court. In terms of the information provided by the learned Senior Counsel, it appears that nothing much can be done at this point of time.

¶235

Learned Senior Counsel Sri K.N.Phanindra, and learned Additional Advocate General appearing on behalf of the respondent-State and the Deputy Commissioner have submitted that in matters of reservation and rotation of reservation, earlier it was found that although guidelines were put in place, nevertheless, since it was

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manually operated, there was scope to make allegations that the guidelines were not followed. However, now that a computer application is being used to make the rotation and such application is fed with the guidelines, there can be no allegations of manipulation that could be made against the Deputy Commissioner. At any rate, it is submitted that if the Court is convinced that the respondent-Deputy Commissioner has followed the norms prescribed, then this Court should not interfere with the impugned notification and permit elections to go on.

¶239

Learned Additional Advocate General has submitted that in most of the Gram Panchayats, elections have already been held and calendar of events have been issued in many of the Gram Panchayats. Therefore, at this stage, if any direction is given by this Court to do something contrary to the guidelines or to redo the exercise manually, it would give rise to claims from many other Gram Panchayats. On the other hand, it is

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submitted both at the hands of the State Election Commission as well as the State Government that the authorities will be open for any suggestion to better the present system.

¶243

Having heard the learned Senior Counsel Sri Jayakumar S.Patil, and all the other learned Counsels for the petitioners, learned Senior Counsel Sri K.N.Phanindra, for the State Election Commission, learned Additional Advocate General for the State and the Deputy Commissioner and having perused the petition papers, this Court is of the considered opinion that there are certain factors that are to be taken into consideration if it appears that there would be repetition of the reservations, may not

¶244

be from the immediate past, but from the near past. What is to be considered is whether it would be sacrosanct that there should not be a repetition of reservation given to Female category from the immediate past or is it more important to find out as to whether the same reservation

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was given earlier to the Gram Panchayat. As noticed hereinabove, all the reservations that were given in the year 2015 have been repeated in the present notification. This would naturally give heartburn to the members who seek rotation of the reservation. Their contention that the Deputy Commissioner was required to take into consideration the reservations given in the year 2010 (I term), 2010 (II term), 2015 before making the reservation, cannot be ignored, since such a requirement would be in consonance with the constitutional mandate that as far as possible there should not be repetition of the reservation. The petitioners are also right in their contention that there cannot be heartburn if reservation is changed from Scheduled Caste (Female) category to Scheduled Caste category, if Scheduled Caste (Female) reservation was given in the year 2015. The Scheduled Caste (Female) members also cannot say that as a matter of right if a reservation is repeated, they should be permitted to enjoy the same.

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Therefore, this Court is of the considered opinion

¶251

that grievances vented out by the petitioners regarding the reservations provided in the past terms are also relevant factors to be taken into consideration. It is not only important to say that if reservation is given to a Female category in the immediate past term, it should not be repeated with Female reservation of another category. What is more important is that the reserved categories of Scheduled Castes, Scheduled Tribes, Category ‘A’ and category ‘B’ should not be repeated again and again. Even in such categories of reservation, if the rotation is made between the General category and the Female category, it would be more in consonance with the constitutional mandate. On this aspect, it may be necessary to make a provision in the guidelines that if the Deputy Commissioner finds that there is being repetition of a certain category of reservation in the past, then discretion should be vested in the Deputy Commissioner to make note of the same in the worksheet and then make relevant

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changes so that the obvious repetition of reservation is avoided. In this regard, necessary changes will have to be brought into the guidelines by the State Election Commission vesting such discretion with the Deputy Commissioner-cum-Election Officer. Of course, if such discretion is to be used, it shall be with the prior consent of the Election Commission.

¶255

For the reasons stated above, though the petitioners have been able to point out certain anomalies in the impugned notification, however, since this Court is convinced that the respondent-Deputy Commissionercum-Election Officer has scrupulously followed the guidelines issued by the State Election Commission and has followed the norms, this Court would not interfere in the impugned notification. However, as noticed hereinabove, the State Government and the State Election Commission are hereby directed to take into consideration the observations made in this order and try to incorporate

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necessary changes in the guidelines so that there will not be repetition of certain categories of reservation which have enjoyed such reservation in the past.

¶259

Consequently, the writ petitions stand dismissed .

¶260

Pending I.As, if any, stand disposed of.

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Sd/JUDGE

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JT/-

Sri. Chinnaswamy v. State of Karnataka

Case brief

What is this about?

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Sri. Chinnaswamy v. State of Karnataka

Case brief

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