This petition under Article 226 and 227 sought to remove the 4th Respondent (MLA) from office. The Court dismissed the petition as infructuous because the term of the Legislative Assembly had expired and new members were elected in May 2023.
Dismissed as infructuous due to expiration of Legislative Assembly term and election of new members.
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 AT BENGALURU
DATED THIS THE 26TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 15273 OF 2015 (GM-RES)
BETWEEN:
(BY SRI. MUDDAYYA, ADVOCATE)
AND:
Digitally signed by NIRMALADEVI Location: HIGH COURT OF KARNATAKA
WP No. 15273 of 2015
RESIDING AT NO.14/1, APOORVALOKA, SINGANAYAKANAHALLI, YELAHANKA HOBLI, BANGLAORE NORTH TALUK, BANGALORE-560 064.
…RESPONDENTS
(BY SRI. D S SHIVANANDA, AGA FOR R1 & R2/STATE SRI S R DODWAD, ASG FOR R3 SRI K MANJUNATH, ADVOCATE FOR SRI BIPIN HEGDE, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUO-WARRANTO OR ANY OTHER WRIT, ORDER OR DIRECTION REMOVING THE R-4 FROM HOLDING THE POST OF MLA, YELAHANKA CONSTITUENCY, BANGALORE URBAN DISTRICT KARNATAKA AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
None appears for the Petitioner.
and learned Counsel appearing for Respondent Nos.3 and 4, respectively.
"1. Issue an appropriate writ in the nature of QUOWARRANTO or any other writ, order or direction removing the 4th Respondent from holding the post of
WP No. 15273 of 2015
MLA, Yelahanka Constituency, Bangalore Urban District,
Karnataka; and
2. Pass such other orders or directions deems fit to be
Petition is dismissed as having become infructuous.
SD/JUDGE
ND
List No.: 1 Sl No.: 5
1 issue framed by the court
Whether the writ petition challenging the membership of Respondent No.4 is maintainable when the term of the Legislative Assembly has expired.
2 provisions across 1 enactments
Shri.V.Shashidhar
The State of Karnataka
The Chief Secretary
The Chief Election Commissioner
Shri S R Vishwanath
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
