Disposed

Dr. Suresh S, S/O K.H. Shesha Naik v. District Election Officer and

Karnataka HC3 Apr 2024WP/102054/2024

Case brief

AI extract

What is this about?

This petition sought to quash the inclusion of an Associate Professor in a flying squad for Lok Sabha elections. The court observed that while equitable distribution was required, no case for interference was made out as the election process had commenced.

What did the court decide?

Writ petition disposed of; respondents directed to consider equitable distribution of election officials.

Dr. Suresh S, S/O K.H. Shesha Naik Vs District Election… — Election Law | Karnataka HC (2024)

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NC: 2024:KHC-D:6091 WP No. 102054 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3^RD DAY OF APRIL, 2024 BEFORE

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THE HON'BLE MR JUSTICE RAVI V.HOSMANI WRIT PETITION NO. 102054 OF 2024 (GM-RES)

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BETWEEN:

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DR. SURESH S. S/O. K.H. SHESHA NAIK, AGE: 53 YEARS, OCC: ASSOCIATE PROFESSOR & HEAD OF THE DEPARTMENT OF PHYSICS, SHREE DHARMASTHALA MANJUNATHESHWAR DEGREE COLLEGE, HONNAVAR, TQ: HONNAVAR, DIST: UTTARA KANNADA-581334.

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… PETITIONER

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(BY SRI GANAPATI M. BHAT, ADVOCATE)

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AND:

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DISTRICT ELECTION OFFICER & DEPUTY COMMISSIONER, UTTARA KANNADA, OFFICE OF THE DEPUTY COMMISSIONER,

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U.K., AT: KARWAR, DIST: UTTARA KANNADA-581301.

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THE ASSISTANT COMMISSIONER, KUMTA SUB DIVISION, TQ: KUMTA, DIST: UTTARA KANNADA-581343.

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CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed byCHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.04.08 15:17:02 +0530

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THE TAHASILDAR, HONNAVAR, TQ: HONNAVAR, DIST: UTTARA KANNADA-581334.

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SHRI. DEVIDAS VENKATESH KUMTAKAR, AGE. MAJOR, OCC. LECTURER IN GOVERNMENT JUNIOR COLLEGE, ALLANKI, HONNAVAR, TQ. HONNAVAR, DIST. UTTARA KANNADA-581334.

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… RESPONDENTS

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(BY SRI MADAN MOHAN M. KHANNUR, AGA FOR R2-R4; SRI MRUTYUNJAYA S. HALLIKERI, ADVOCATE FOR R1)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH OFFICIAL MEMORANDUM IN NO.GEN/MP/ELN/CR-17/2023-24, DT:26/12/2023 ISSUED BY 1^ST RESPONDENT HEREIN IN SO FAR AS GENERAL ELECTIONS TO

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2 - NC: 2024:KHC-D:6091 WP No. 102054 of 2024

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LOKSABHA-2024:CONSTITUTION OF FLYING SQUAD IN SO FAR AS THE NAME OF PETITIONER AT SL.NO.6 LEGISLATIVE ASSEMBLY CONSTITUENCY 78-KUMTA, HONNAVAR TALUK HONNAVAR HOBLI AS EXECUTIVE MAGISTRATE VIDE ANNEXURE-B AND FURTHER QUASH CORRIGENDUM, DT:25/03/2024 IN NO.GEN/MP/ELN/CR-17/2023-24 IN SO FAR AS GENERAL ELECTION TO LOKSABHA-2024: CONSTITUTION OF FLYING SQUAD IN SO FAR AS WHICH CONTINUED THE NAME OF PETITIONER AT SL.NO.6 LEGISLATIVE ASSEMBLY CONSTITUENCY 78-KUMTA, HONNAVAR TALUK HONNAVAR HOBLI AS EXECUTIVE MAGISTRATE ISSUED BY THE DISTRICT ELECTION COMMISSIONER, UTTARA KANNADA/1^ST RESPONDENT HEREIN VIDE ANNEXURE-L.

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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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This writ petition is filed seeking for following relief:

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Writ in the nature of certiorari to quash Official MEMORANDUM in No.GEN/MP/ELN/CR-17/2023-24, dt:26/12/2023 issued by 1^st respondent herein in so far as General Elections to Loksabha-2024:Constitution of flying Squad in so far as the name of petitioner at Sl.No.6 Legislative Assembly Constituency 78-Kumta, Honnavar Taluk Honnavar Hobli as Executive Magistrate vide Annexure-B and further quash CORRIGENDUM, dt:25/03/2024 in No.GEN/MP/ELN/CR17/2023-24 in so far as General Election to Loksabha2024: Constitution of Flying Squad in so far as which continued the name of petitioner at Sl.No.6 Legislative Assembly Constituency 78-Kumta, Honnavar Taluk Honnavar Hobli as Executive Magistrate issued by the district Election Commissioner, Uttara Kannada/1^st Respondent herein vide Annexure-L.

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3 - NC: 2024:KHC-D:6091 WP No. 102054 of 2024

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Sri Ganapati M.Bhat, learned counsel for petitioner s ubmitted that petitioner is working as Associate Professor and Head of Department of Physics in M.P.E. Societies, Shree Dharmasthala Manjunatheshwar Degree College of Arts, Science and Commerce, Honnavar. It was submitted that he is also Coordinator of I.Q.A.C. and a responsible officer to give periodical reports for purpose of assessment. It was submitted that during previous assembly elections, petitioner was requisitioned for election duty and was a member of flying squad. It was submitted that due to increased responsibilities of position, petitioner was manning, respondent no.3-Tahsildar issued notice on 13.10.2023 directing management of petitioner’s Institution to furnish information about teaching and non-teaching staff for purposes of utilizing services for Lok Sabha Elections 2024. The Principal of college by reply dated 18.10.2023 explained grievances that under New Education Policy and Karnataka University Notification, college will find it extremely difficult to spare staff and citing example of earlier elections, wherein they had spared staff, they had sought for exemption. However, District Election Officer-respondent no.1 issued official memorandum on 26.12.2023 including name of

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petitioner in flying squad. Thereafter, Principal of college had sought for modification by excluding petitioner from election duty on giving instances of his responsibilities. Thereafter, respondent no.3 had submitted change information as per Annexure-G on 13.02.2024, proposing to appoint one Sri Devidas Venkatesh Kumtakar, Lecturer, Government Junior College, Allanki, Honnaver. Despite said change report, name of petitioner continued in flying squad. It was submitted that in meanwhile, Karnataka University, Dharwad, issued notification of timetable for 2^nd , 4^th and 6^th Semester Bachelor Degree examinations. It was submitted that election duty being for a period of 46 days, would occupy half academic session as per notification of University, thereby, severely affecting educational activities. It was submitted that there was no reason for respondents to have excluded proposed alternative name as per Annexure-G and continue name of petitioner and therefore, seeks for quashing of Annexure-B, dated 26.12.2023 and Annexure-L.

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Sri Mrutyunjaya S. Hallikeri, learned counsel for respondents no.1 to 3 on other hand, submitted a memo producing documents. It was submitted that holding of election

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and performance of election duty was a constitutional duty and petitioner cannot shirk away from said duty. It was submitted that considering requirement and taking note of excellent work by petitioner as member of flying squad during assembly elections was one of considerations for utilizing his services. It was submitted petitioner had already taken charge of duty and was performing same. At this stage, with elections around corner, it would not be possible to consider petitioner’s grievances and in any case, same would not be available for adjudication before this Court.

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Heard learned counsel for petitioner and perused writ petition record.

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Indeed, holding of elections and performance of election duty would be a part of fundamental duties of citizens and requisitioning officials and infrastructure for same would not be a matter for adjudication in routine manner. No case of extraordinary circumstances requiring interference is made out. However, petitioner’s grievance would be that there was no proper consideration of alternatives available by District Election Officer, especially, when name of respondent no.4 was

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proposed by respondent no.3 as per Annexure-G. There was no equitable distribution among available staff. No less than three members from petitioner’s institution alone had been called for. Certain educational institutions being preferred while some there being totally left out would also require to be taken into account, but before next election. With election process having commenced and elections around corner, there would be no scope for interference in present situation.

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Writ petition with above observations stand disposed of. Respondents shall consider equitable distribution of election officials from all institute and departments etc. as far as possible and officials manning key posts avoided atleast in exceptional circumstances.

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Sd/-

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JUDGE

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VMB CT:MCK List No.: 1 Sl No.: 13

Dr. Suresh S, S/O K.H. Shesha Naik v. District Election Officer and

Case brief

What is this about?

What did the court decide?

Dr. Suresh S, S/O K.H. Shesha Naik v. District Election Officer and

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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