Writ petition challenging a reservation notification in municipal elections was dismissed as infructuous after respondents confirmed elections had already been conducted pursuant to that notification.
Writ petition dismissed as having become infructuous; liberty reserved to challenge election proceedings.
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NC: 2024:KHC:40810 WP No. 23036 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 23036 OF 2024 (LB-RES)
BETWEEN:
S/O. B. RAME GOWDA, AGED ABOUT 40 YEARS, R/O. PRADEEP NILAY, LAKSMIPURAM, WARD NO. 15, SAKALESHPURA TALUK, HASSAN-573127.
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
S/O MUKUNDA K.N
AGED ABOUT 46 YEARS HEMAVATI NAGAR (BELLE GADDE) SAKALESHPURA TALUK WARD NO.03, HASSAN-573127.
…PETITIONERS
(BY SRI. VINOD GOWDA., ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AAG AND SMT. SPOORTHI V., HCGP FOR R1 - R3 SRI. NAGARAJAPPA, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH NOTIFICATION DTD. 05.08.2024 PASSED BY R-2 IN NO. UDD 10 MLR 2024(2) IN SO FAR RESERVATION MADE FOR GENERAL WOMAN FOR PRESIDENT AND VICE PRESIDENT WITH RESPECT TO SAKLESHPURA TMC AT SL.NO. 103 AS PER ANNXE AND DIRECT THE RESPONDENTS TO FIX CATEGORY BCB FOR THE POST PRESIDENT AND G M FOR THE POST OF VICE PRESIDENT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioners filed this writ petition challenging the
notification dated 05.08.2024.
2. Learned Additional Advocate General submits
that pursuant to the said impugned notification, the respondents have conducted an election for the post of President and Vice-President in Town Municipal council, Sakleshpur, Hassan District, on 26.08.2024 and also produced the copy of the proceedings dated 26.08.2024.
the respondents have already conducted an election pursuant to the notification dated 05.08.2024, in view of the same, nothing survives for consideration in this writ petition.
having become infructuous. Liberty is reserved in favour of the petitioner to challenge the same in accordance with law.
Sd/(ASHOK S.KINAGI) JUDGE
SKS
1 issue framed by the court
Whether the writ petition filed to quash a notification regarding election seats remains maintainable after elections have already been conducted.
S.R. PRAJWAL AND ORS.
STATE OF KARNATAKA
ASHOK S. KINAGI
As recorded by the court registry
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