The petitioner died, and a third party sought to implead himself to continue the writ petition regarding the initiation of criminal action against an election candidate. The Court held that this was not a public interest litigation and a third party could not continue the matter. The writ petition was dismissed as abated.
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 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1214 OF 2013 (GM-RES)
BETWEEN:
…PETITIONER
(BY SRI WG.CDR.G.B.ATHRI (RETD.), PARTY-IN-PERSON)
AND:
…RESPONDENTS (BY SRI S.R.DODWAD, ADVOCATE FOR R1 AND R3 SRI MANU PRABHAKAR KULKARNI, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 AND 3 TO INITIATE CRIMINAL ACTION AS PROVIDED UNDER SECTION 125A OF THE REPRESENTATION OF PEOPLES ACT, 1951 AGAINST SECOND RESPONDENT FOR THE OFFENCES COMMITTED BY HIM BY FILING FALSE AFFIDAVIT/DELIBERATELY FURNISHING FALSE PAN NUMBER AND SUPPRESSION OF MATERIAL FACTS REGARDING ASSETS OWNED BY HIMSELF AND HIS FAMILY MEMBERS IN PURSUANCE OF REPRESENTATION DATED 1.10.2012, 20.11.2012 & 10TH DECEMBER, 2012 (ANNEXURE-U, V, & W).
THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
"Wherefore the petitioner prays that this Hon'ble Court may be pleased to issue a writ in the nature of Mandamus or any other appropriate writ or direction directing respondents No.1 and 3 to initiate criminal action as provided under Section 125A of the Representation of Peoples Act, 1951 against second respondent for the offences committed by him by filing false affidavit/deliberately furnishing false PAN number and suppression of material facts regarding assets owned by himself and his family members in pursuance of representation dated 1.10.2012, 20.11.2012 and 10th December, 2012 (Annexure U, V & W) ."
the petitioner expired and that he has filed an application in I.A.No.1/2024 to implead himself in the
present matter and continue the same. On enquiry as to whether he is the legal representative or otherwise of the petitioner, he submits that he is not, and that he is a third party who has the same lis as against respondent No.2 and wishes to continue the above matter.
SD/(SURAJ GOVINDARAJ) JUDGE
CPN
1 issue framed by the court
Can a third party be impleaded to continue a writ petition after the petitioner has expired?
2 provisions across 2 enactments
WG. CDR. G. B.ATHRI (RETD.)
The Chief Election Commission
Mr.R.Ashoka
The Returning Officer
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
