Disposed

Uppar Venkatesh S/O Tippanna v. the Karnataka State Government Employees Association -R-

Karnataka HC5 Nov 2024WP/106240/2024

Case brief

AI extract

What is this about?

Government employees omitted from the voters list for the Gangavati Taluk Government Employees Association elections sought quashing of the list. Interim relief let them vote; respondent conceded the omission was an error. The petition was disposed of and the Returning Officer directed to declare results.

What did the court decide?

Returning Officer to declare election result and publish it in accordance with law; petitioners had already voted per interim order.

Uppar Venkatesh S/O Tippanna Vs the Karnataka State… — Election Law | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:16128 WP No. 106240 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO. 106240 OF 2024 (GM-RES)

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BETWEEN:

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UPPAR VENKATESH S/O. TIPPANNA, AGE: 34 YEARS, OCC: ASSISTANT TEACHER, R/O. K. DURGA CAMP, BASAPAUR, TQ: AND DIST: RAICHUR-584128, KGID NO.4010462

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KUMAR SHIVASHRANAPPA GUGGALASHETTY, AGE: 33 YEARS, OCC: ASSISTANT TEACHER, R/O: WARD NO.13, MAIN ROAD, KANAKAGIRI, TQ: KANAKAGIRI, DIST: KOPPAL-583282, KGID NO.4011987

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BASAVARAJ BEVOOR, AGE: 36 YEARS, OCC: ASSISTANT TEACHER, R/O: GANGANA HAL, TQ: YELABURGA, DIST: KOPPAL-583283, KGID NO.4011617

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MALLIKARJUN RUDRAYYA KALMATH

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Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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SIDDALINGAPPA HAVALAGI AGE: 33 YEARS, OCC: ASSISTANT TEACHER, R/O: KURABARA ONI, GUTTIGANOORU, TQ: HAGARIBOMMANAHALLI, DIST: VIJAYNAGAR-583113, KGID NO.4010460

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VIRAPANNA S/O. HANUMANTHA KURI, AGE: 31 YEARS, OCC: SOMANAL, CHELLUR, TQ: KARATAGI, DIST: KOPPAL-583229 KGID NO.4010869

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MANJUNATH S/O. HONNAPPA, AGE: 38 YEARS, OCC: ASSISTANT LECTURER, R/O: MMDRPU RESIDENTIAL COLLEGE, HIREBENKAL,

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2 - NC: 2024:KHC-D:16128 WP No. 106240 of 2024

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TQ: GANGAVATI, DIST: KOPPAL-583227 KGID NO.2833928

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KASHIMSAB P., AGE: 34 YEARS, OCC: ASSISTANT LECTURER, R/O: MMDRPU RESIDENTIAL COLLEGE, HIREBENKAL, TQ: GANGAVATI, DIST: KOPPAL-583227. KGID NO.4001412

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VEERESH AGE: 35 YEARS, OCC: ASSISTANT LECTURER, R/O: MMDRPU RESIDENTIAL COLLEGE, HIREBENKAL, TQ: GANGAVATI, DIST: KOPPAL-583227. KGID NO.4001135

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MARUTI M., AGE: 34 YEARS, OCC: ASSISTANT LECTURER, R/O: MMDRPU RESIDENTIAL COLLEGE, HIREBENKAL, TQ: GANGAVATI, DIST: KOPPAL-583227. KGID NO.4001417.

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BHARATI N., AGE: 34 YEARS, OCC: ASSISTANT LECTURER, R/O: MMDRPU RESIDENTIAL COLLEGE, HIREBENKAL, TQ: GANGAVATI, DIST: KOPPAL-583227. KGID NO.4001668

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URUKUNDAPPA S/O. SUNKAPPA, AGE: 38, OCC: ASSISTANT LECTURER, R/O: MMDRPU RESIDENTIAL COLLEGE, HIREBENKAL, TQ: GANGAVATI, DIST: KOPPAL-583227. KGID NO.2538028.

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MOHAMMED SIRAJUDDIN, AGE: 34, OCC: ASSISTANT LECTURER, R/O: MMDRPU RESIDENTIAL COLLEGE, HIREBENKAL, TQ: GANGAVATI, DIST: KOPPAL-583227. KGID NO.4002719.

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3 - NC: 2024:KHC-D:16128 WP No. 106240 of 2024

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KHADARBASHA K., AGE: 31, OCC: ASSISTANT LECTURER, R/O: MMDRPU RESIDENTIAL COLLEGE, HIREBENKAL,

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TQ: GANGAVATI, DIST: KOPPAL-583227. KGID NO.4009170.

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ARSHAD ALI S/O. SYED MEERA B., AGE: 42, OCC: ASSISTANT LECTURER, R/O: MMDRPU RESIDENTIAL COLLEGE, HIREBENKAL,

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TQ: GANGAVATI, DIST: KOPPAL-583227. KGID NO.2830983.

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VEERESH S/O. MARIYAPPA, AGE: 37 YEARS, OCC: HEAD COOK, R/O: SANGAPUR VILLAGE, TQ: GANGAVATI, DIST: KOPPAL-583227 KGID NO.2834215.

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RAJESWARI AGE: 48 YEARS, OCC: PRINCIPAL OF MMDRPU RESIDENTIAL SCHOOL, R/O: MMDRPU RESIDENTIAL SCHOOL, HIREBENKAL, TQ: GANGAVATI, DIST: KOPPAL-583227. KGID NO.2800666.

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…PETITIONERS

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(BY SRI. SHIVA SHIRUR, ADVOCATE)

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AND:

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THE KARNATAKA STATE GOVERNMENT EMPLOYEES ASSOCIATION ® R/BY ITS PRESIDENT, OPP. M.S. BUILDING, CUBBON PARK, BANGALORE-560001.

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THE KOPPAL DISTRICT THE KARNATAKA STATE GOVERNMENT EMPLOYEES ASSOCIATION® R/BY ITS PRESIDENT R/O: KARNATAKA RAJYA SARAKARI NAUKARARA BHANAVANA SANGHA, KOPPAL- 583231.

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4 - NC: 2024:KHC-D:16128 WP No. 106240 of 2024

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THE GANGAVATI TALAUK THE KARNATAKA STATE GOVERNMENT EMPLOYEES ASSOCIATION® R/BY ITS PRESIDENT

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OPP TO BUS STAND, SARAKARI NAUKARARA BHAAVANA, TQ: GANGAVATI, DIST: KOPPAL-583227.

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THE RETURNING OFFICER, THE GANGAVATI TALAUK THE KARNATAKA STATE GOVERNMENT EMPLOYEES ASSOCIATION®, OPP TO BUS STAND, SARAKARI NAUKARARA BHAAVANA, TQ: GANGAVATI, DIST: KOPPAL-583227.

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PRINCIPAL, GOVT, MMDR PU COLLEGE, TQ: GANGAVATI, DIST: KOPPAL-583227.

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PRINCIPAL, GOVT, MMDR RESIDENTAIL SCHOOL, TQ: GANGAVATI, DIST: KOPPAL-583227.

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ASSISTANT DIRECTOR, GRADE-I, SOCIAL WELFARE DEPARTMENT, TQ: GANGAVATI, DIST: KOPPAL-583227.

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PRINCIPAL GOVERNMENT MOULANA AZAD MODEL SCHOOL, TQ: GANGAVATI, DIST:KOPPAL-583227

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…RESPONDENTS

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(BY SRI. SACHCHIDANANDA B. PATIL, ADVOCATE FOR R3; SRI. S.B. MALLIGAWAD, ADVOCATE FOR R4; R1, R5-R8 DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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I. ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED VOTERS LIST AS PER ANNEXURE-D DATED NIL PASSED BY RESPONDENT NO.2 AND 3 WHICH IS APPROVED BY RESPONDENT NO.1, AS IT RELATES TO THE ELECTIONS OF GANGAVATI TALUK GOVERNMENT EMPLOYEES ASSOCIATION (R) RESPONDENT NO.3, OR WITH A FURTHER DIRECTION TO THE RESPONDENT

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NC: 2024:KHC-D:16128 WP No. 106240 of 2024

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NO.1 TO 3 TO PREPARE FRESH VOTERS LIST BY ADDING THE NAMES OF THE PETITIONERS.

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II. ISSUE ANY OTHER WRIT OR ORDER OR DIRECTION AS THIS HONORABLE COURT MAY DEEM FIT TO ISSUE IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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Learned counsel Sri.Sachchidananda B. Patil

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undertakes to appear on behalf of respondent No.3 & learned counsel Sri.S.B.Malligawad undertakes to appear for respondent No.4.

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Though notice to respondent No.1 is awaited,

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since no relief is sought, this Court having disposed of similar matter in writ petition bearing No.103162/2024, this petition also deserves to be disposed of similarly.

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This petition is filed by the petitioners seeking a writ of certiorari to quash the impugned voters list as per Annexure-D passed by the respondent Nos.2 and 3 relating to the elections of Gangavati Taluka Government

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6 - NC: 2024:KHC-D:16128 WP No. 106240 of 2024

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Employees Association (R), or with a further direction to the respondent Nos.1 to 3 to prepare fresh voters list by adding the names of the petitioners.

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Petitioners were appointed as Assistant Teachers, Assistant Lecturers & Principal under the different Government Institutions at Gangavathi.

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Petitioners opted to be a member of respondent No.1-Society by paying required subscription fee. This being the state of affairs, respondent No.1 declared to conduct elections for the period of 2024-2029 for the post of Directors, accordingly directed respondent No.4Returning Officer to conduct the election for the members of respondent No.3-Society.

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In order to conduct the elections, respondent No.8 has published eligible voters list. On perusal of the said voters list, it was realized by the petitioners that their names were not forthcoming. Thereafter, calendar of events were published by respondent No.4. However, respondent No.3 has forwarded the eligible voters list to

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7 - NC: 2024:KHC-D:16128 WP No. 106240 of 2024

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respondent No.1, but the name of petitioners were not forthcoming in the final voters list. Hence, the petitioners being aggrieved have approached this Court.

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This Court vide its order dated 25.10.2024,

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granted an interim relief permitting the petitioners to participate/contest/cast their votes to the respondent No.3 in the ensuing elections scheduled to be conducted on 28.10.2024.

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It is submitted across the bar that they have cast their votes.

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Learned counsel for respondent No.3 fairly submits that in pursuance to verification of necessary details of the petitioners, it is realized that their names were left out by an error and they are eligible to cast their votes accordingly petitioners have cast their votes. His submission is placed on record.

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In view of above submission and petitioners having participated by way of casting their votes in the

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8 - NC: 2024:KHC-D:16128 WP No. 106240 of 2024

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election to the 3^rd respondent-Association, this petition would not survive any further for consideration as the grievance of the petitioners is satisfactorily fulfilled. Hence, relief sought for is only to quash the impugned voters list as petitioners’ names are not forthcoming.

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In view of the submissions made by learned counsel for the 3^rd respondent, with regard to petitioners being eligible to cast their votes and their names being not listed in the final voters list is due to an error, this petition deserves to be considered favorably as petitioners have cast their votes. Accordingly, I pass the following:

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ORDER

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(i) Petition is disposed of.

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(ii) The 4^th respondent-Returning Officer shall

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declare the result of elections and publish it in accordance with law.

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Ordered accordingly.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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CT-MCK List No.: 1 Sl No.: 10

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KGK

Uppar Venkatesh S/O Tippanna v. the Karnataka State Government Employees Association -R-

Case brief

What is this about?

What did the court decide?

Uppar Venkatesh S/O Tippanna v. the Karnataka State Government Employees Association -R-

Case brief

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What did the court decide?

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