In a preliminary hearing, the Court found the writ petition infructuous and dismissed the matter without addressing the substantive issues regarding the election petition or the opening of the ballot box.
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.
NC: 2024:KHC-D:3124 WP No. 105693 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105693 OF 2019 (APMC-)
BETWEEN:
SRI.SHIVAKUMAR S/O CHANDRASHEKARAPPA MAHUR AGE: 42 YEARS, OCC: AGRICULTURE, R/O: NEGALUR, TQ AND DIST: HAVERI.
…PETITIONER
(BY SRI. SURESH N KINI & SRI NAGPRASAD S KINI., ADVOCATES)
AND:
YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2024.02.13 14:59:26 +0530
…RESPONDENTS
(BY SRI. PRAVEEN UPPAR, AGA FOR R1; SRI K.L.PATIL, ADVOCATE FOR R3; NOTICE TO R3-SERVED)
THIS PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION, ORDER, WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 07..1.2019 PASSED IN ELECTION PETITION NO.1/2017 BY THE COURT OF ADDL.CIVIL JUDGE AND JMFC, HAVERI DISMISSING THE INTERIM APPLICATION IN I.A.NO.10 FILED UNDER SECTION 151 OF CPC SEEKING TO OPEN THE BALLOT BOX FOR COUNTING OF VOTES, PRODUCED HEREIWITH AND MARKED AS
NC: 2024:KHC-D:3124 WP No. 105693 of 2019
ANNEXURE-M AND TO ALLOW THE SAID INTERIM APPLICATION IN I.A.NO.10, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING B- GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
AM/- List No.: 1 Sl No.: 97
Sd/JUDGE
Sri. Shivarao S/o Chandrashekara Mahur
The Returning Officer and Tahasildar APMC Negalur Constituency
Sri. Krishnareddy S/o Mallareddy Maidur
Lokesh S/o Shambhuningappa Kubusad
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
