Petitioners sought stay and countermanding of a town panchayat president and vice-president election alleging a member was kidnapped. Counsel later submitted that the member was produced in habeas corpus proceedings before this Court, so the petition did not survive; the Court dismissed it.
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IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 12TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
WRIT PETITION NO. 105226 OF 2024 (LB-ELE)
BETWEEN:
SAROJA HANGARAKI Location: HIGH COURT OF KARANTAKA DHARWAD BENCH
…PETITIONERS
(BY SRI. ANOOP G. DESHPANDE, ADVOCATE)
AND
…RESPONDENTS
(BY SRI. ASHOK T. KATTIMANI, AGA FOR R2 & R3; R4 & R5 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER BY QUASHING THE MEETING NOTICE VIDE NO. NO. CHUNAVANE/VIVA01/2024-25 DATED 20.08.2024 ISSUED BY 4TH RESPONDENT AS PER ANNEXURE-B IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER BY DIRECTING THE RESPONDENT NO.1 AND 4 TO COUNTERMAND THE ELECTION OF THE PRESIDENT AND VICE PRESIDENT OF TOWN PANCHAYAT, KITTUR BY CONSIDERING THE REPRESENTATION OF PETITIONER NO.10 DATED 30.08.2024 SUBMITTED TO THE RESPONDENT NO.4 AS PER ANNEXURE-E AND REPRESENTATION DATED 30.08.2024 SUBMITTED BY PETITIONER NO.1 BY EMAIL AS PER ANNEXURE-F AND IN THE INTEREST OF JUSTICE AND EQUITY; GRANT ANY OTHER RELIEF WHICH THIS HON ‘BLE COURT DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
This writ petition is filed praying this Court to stay
the election and also to grant interim stay not to hold any elections on the ground that one of the member was kidnapped.
Counsel for the petitioners submits that subsequently habeas corpus petition was also filed before this Court and he was produced before the Court and in view of the same, the writ petition does not survive for consideration.
The submission of the counsel for the petitioners is taken on record and the petition is dismissed as it does not survive for consideration.
Sd/(H.P.SANDESH) JUDGE
SH
List No.: 1 Sl No.: 13
1 issue framed by the court
Should the election of the President and Vice President of Town Panchayat, Kittur be stayed/countermanded on the ground that a member was kidnapped?
2 provisions across 1 enactments
Kiran s/o Basanagouda Patil
Manjunath s/o Godachappa Tottilmani
Pramod s/o Gangadhar Kajagar
Raju s/o Yallappa Kallavaddar
Smt. Anuradha w/o Mounesh Badiger
Laxmi w/o Irappa Badiger
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
