Mr. Pradeep. K. Vs the Chief Electoral Officer

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NC: 2025:KHC:9602 WP No. 10492 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10492 OF 2024 (GM-RES)

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BETWEEN:

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MR. PRADEEP K., AGED ABOUT 49 YEARS, S/O MR. M. KISHORE RAO WORKING AS PHARMACY OFFICER ESI DISPENSARY YESHWANTHPURA, OPPOSITE TO MYSORE LAMP FACTORY YESHWANTHPUR, BENGALURU - 560 022.

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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MR. H.N. JAGADISH AGED ABOUT 49 YEARS S/O MR. LATE H.NARAYANA WORKING AS PHARMACY OFFICER ESI DISPENSARY JALAHALLI, 324, 6^TH CROSS, BAHUBALINAGAR, JALAHALLI, BENGALURU – 560 013.

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SMT. MANJULA S., AGED ABOUT 50 YEARS W/O YUVARAJ WORKING AS PHARMACY OFFICER ESI DISPENSARY YELAHANKA 358, MARUTHI NILAYA, YELAHANKA NEW TOWN 80 FEET ROAD, HIG, NEAR NAMMA MANE HOTEL, YELAHANKA, BENGALURU – 560 064.

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NC: 2025:KHC:9602 WP No. 10492 of 2024

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MRS. K.R. HEMALATHA AGED ABOUT 48 YEARS W/O VIJAYANANDA T.V., WORKING AS SENIOR PHARMACY OFFICER ESI DISPENSARY YELAHANKA 358, MARUTHI NILAYA, YELAHANKA NEW TOWN 80 FEET ROAD, HIG, NEAR NAMMA MANE HOTEL, YELHANKA, BENGALURU – 560 064.

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MR. ASHOK KUMAR CHAWLA AGED ABOUT 51 YEARS S/O ASHOK KUMAR G. CHAWLA WORKING AS SENIOR PHARMACY OFFICER DIRECTORATE OF EMPLOYEES STATE INSURANCE SCHEME MEDICAL SERVICES, S.NIJALINGAPPA ROAD, 2^ND BLOCK, RAJAJINAGAR, BENGALURU - 560 010.

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MRS. S. ANJANA DEVI AGED ABOUT 54 YEARS, W/O N. JAYAPRAKASH WORKING AS SENIOR PHARMACY OFFICER ESI DISPENSARY SHESHADRIPURAM SIRUR PARK ROAD, SHESHADRIPURAM BENGALURU – 560 020.

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3 - NC: 2025:KHC:9602 WP No. 10492 of 2024

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MR.S. NAGESH AGED ABOUT 49 YEARS, S/O M.B. SEETHARAM SETTY WORKING AS SENIOR PHARMACY OFFICER, ESI DISPENSARY SRIRAMPURAM, SRIRAMPURAM, BENGALURU – 560 021.

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MR. RAVISHANKAR S. HONGAL AGED ABOUT 59 YEARS S/O SRIKANTH B. HONGAL WORKING AS SENIOR PHARMACY OFFICER ESI DISPENSARY RAJAJINAGAR - 2 607, 7^TH MAIN ROAD, 3^RD BLOCK, 3^RD STAGE, BASAVESHWARANAGAR, BENGALURU – 560 079.

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MR. SUBRAMANYA D., AGED ABOUT 50 YEARS S/O DORAISWAMY WORKING AS SENIOR PHARMACY OFFICER ESI DIAGNOSTIC CENTRE, NORTH ANJANEYA STREET, BASAVANGUDI, BENGALURU – 560 004.

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MR. ARAVINDA P.A., AGED ABOUT 40 YEARS S/O ASHWATHANARAYANA WORKING AS PHARMACY OFFICER ESI DISPENSARY HANUMANTHNAGAR 476, 5^TH MAIN ROAD, 9^TH CROSS,

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4 - NC: 2025:KHC:9602 WP No. 10492 of 2024

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GIRINAGAR, 2^ND PHASE, NEAR AVALAHALLI BDA PARK

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BENGALURU – 560 085.

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MR. R. RAVI KUMAR AGED ABOUT 51 YEARS S/O RATHNAMRAMU WORKING AS SENIOR PHARMACY OFFICER ESI HOSPITAL INDIRANAGAR APPAREDDYPALYA MAIN ROAD, INDIRANAGAR, BENGALURU – 560 008.

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MRS. NALINI V., AGED ABOUT 53 YEARS, W/O B. KIRUBAGARAN WORKING AS PHARMACY OFFICER ESI HOSPITAL INDIRANAGAR APPAREDDYPALYA MAIN ROAD, INDIRANAGAR, BENGALURU – 560 008.

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MR. VENUGOPALA N., AGED ABOUT 56 YEARS S/O LATE S.K.NARAYANA WORKING AS SENIOR PHARMACY OFFICER ESI DISPENSARY BOMMANAHALLI, ROOPENA AGRAHARA, BENGALURU – 560 068.

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MRS. ANITHA M.N., AGED ABOUT 49 YEARS W/O AVALAPPA WORKING AS PHARMACY OFFICER ESI HOSPITAL INDIRANAGAR

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NC: 2025:KHC:9602 WP No. 10492 of 2024

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APPAREDDYPALYA MAIN ROAD, INDIRANAGAR,

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BENGALURU – 560 008.

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MRS. JYOTHISHREE R., AGED ABOUT 53 YEARS D/O G.C. RAMASWAMY WORKING AS PHARMACY OFFICER ESI HOSPITAL INDIRANAGAR APPAREDDYPALYA MAIN ROAD, INDIRANAGAR,

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BENGALURU – 560 008.

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MRS. SAVITHA J., AGED ABOUT 46 YEARS W/O NAGARAJAN M., WORKING AS PHARMACY OFFICER ESI DISPENSARY BANNERGHATTA ROAD ADUGODI POST, NEAR BENGALURU DAIRY BENGALURU - 560 030.

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NOW WORKING AT: ESI DISPENSARY SINGASANDRA OPPOSITE TO PRIMARY HEALTH CENTRE SINGASANDRA MAIN ROAD, BENGALURU – 560 068.

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MRS. S. ANJULA AGED ABOUT 46 YEARS W/O R.HEMANTH KUMAR WORKING AS PHARMACY OFFICER ESI DISPENSARY ULSOOR 3^RD CROSS, CAMBRIDGE LAYOUT ULSOOR BENGALURU - 560 008.

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NC: 2025:KHC:9602 WP No. 10492 of 2024

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MR. T.SATISH BABU AGED ABOUT 56 YEARS S/O BALAKRISHNA T. A., WORKING AS SENIOR PHARMACY OFFICER ESI DISPENSARY BANASHANKARI BASAVANGUDI, BENGALURU – 560 028.

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MRS. NIRMALA M. N., AGED ABOUT 41 YEARS W/O G.N.ANAND KUMAR WORKING AS PHARMACY OFFICER ESI DISPENSARY BASAVANAGUDI NORTH ANJANEYA TEMPLE ROAD BASAVANAGUDI, BENGALURU – 560 004.

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MRS. K.RENUKA AGED ABOUT 54 YEARS W/O KADHIRESAN WORKING AS SENIOR PHARMACY OFFICER ESI DISPENSARY MADANAYAKANAHALLI LAKSHMIPURA MAIN ROAD MADANAYAKANAHALLI BENGALURU – 562 123.

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MRS. SHREELATHA BHAT AGED ABOUT 51 YEARS W/O SOORYANARAYANA BHAT WORKING AS SENIOR PHARMACY OFFICER ESI DISPENSARY KONANAKUNTE 3^RD CROSS, SRI RAMAMANDIR ROAD KANAKAPURA MAIN ROAD YELACHANAHALLI, BENGALURU – 560 078.

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MRS. MEERA H. G., AGED ABOUT 51 YEARS W/O L.R.VISHWANATH

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NC: 2025:KHC:9602 WP No. 10492 of 2024

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WORKING AS PHARMACY OFFICER ESI DISPENSARY SUBRAMANYAPURA GTM COMPOUND, SUBRAMANYAPURA BENGALURU – 560 061.

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MRS. T.LEELAVATHI AGED ABOUT 41 YEARS W/O LATE NAGARAJU C. A., WORKING AS PHARMACY OFFICER ESI DISPENSARY MAGADI ROAD BENGALURU – 560 023

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MR. SURESH BABU G. N., AGED ABOUT 48 YEARS S/O LATE G.NARAYAN WORKING AS PHARMACY OFFICER ESI DISPENSARY, K.R.PURAM - 1 NEAR K.R.PURAM BUS STAND K.R.PURAM, BENGALURU – 560 036.

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MR. DHANALAL NAIK R., AGED ABOUT 39 YEARS S/O RAMA NAIK WORKING AS SENIOR PHARMACY OFFICER ESI DISPENSARY VIVEKNAGAR POST OFFICE ROAD, VIVEKNAGAR BENGALURU – 560 047.

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MR. KULDEEP A., AGED ABOUT 52 YEARS S/O LATE C.ANJINAPPA WORKING AS SENIOR PHARMACY OFFICER ESI DISPENSARY, K.R.PURAM-2 NGEF, KRISHNAIAHPALYA BENGALURU – 560 038.

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NC: 2025:KHC:9602 WP No. 10492 of 2024

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MR. H.V.SURESH

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AGED ABOUT 59 YEARS S/O LATE H.V.VENKATESH MURTHY WORKING AS SENIOR PHARMACY OFFICER ESI DISPENSARY FRAZER TOWN POTTERY ROAD, FRAZER TOWN BENGALURU – 560 005.

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…PETITIONERS

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(BY SRI SANTOSH B. M., ADVOCATE)

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AND:

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THE CHIEF ELECTORAL OFFICER KARNATAKA NIRVACHANA NILAYA SHESHADRI ROAD, BENGALURU – 560 001.

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THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA NO.436 4^TH FLOOR, VIKASA SOUDHA BENGALURU – 560 001.

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THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LABOUR GOVERNMENT OF KARNATAKA, 4^TH FLOOR VIKASA SOUDHA, BENGALURU – 560 001.

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THE DISTRICT ELECTION OFFICER AND CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, N.R.SQUARE BENGALURU – 560 002.

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NC: 2025:KHC:9602 WP No. 10492 of 2024

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THE DIRECTORATE

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EMPLOYEES STATE INSURANCE SCHEME MEDICAL SERVICES DEPARTMENT GOVERNMENT OF KARNATAKA S.NIJALINGAPPA ROAD RAJAJINAGAR 2^ND BLOCK BENGALURU – 560 010 REP. BY ITS DIRECTOR.

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…RESPONDENTS

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(BY SRI SHARATH DODAWAD, ADVOCATE FOR R1; SRI SHAMANTH NAIK, HCGP FOR R2, R3 AND R5; SRI PAWAN KUMAR, ADVOCATE FOR R4)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS OF APPOINTMENT OF PRESIDING / ASSISTANT PRESIDING OFFICER DATED 30/03/2024 ISSUED BY R4-THE DISTRICT ELECTION OFFICER AND CHIEF COMMISSIONER, BBMP TO THE FOLLOWING A) PETITIONER NO. 1 IN REF. NO. 9474 AT ANNEXURE-A. B) PETITIONER NO. 2 IN REF. NO. 9338 AT ANNEXURE-A1. C) PETITIONER NO. 3 IN REF. NO. 9497 AT ANNEXURE-A2. D) PETITIONER NO. 4 IN REF. NO. 9495 AT ANNEXURE-A3. E) PETITIONER NO. 5 IN REF. NO. 9255 AT ANNEXURE-A4. F) PETITIONER NO. 6 IN REF. NO. 9353 AT ANNEXURE-A5. G) PETITIONER NO. 7 IN REF. NO. 9286 AT ANNEXURE-A6. H) PETITIONER NO. 8 IN REF. NO. 9363 AT ANNEXURE-A7. I) PETITIONER NO. 9 IN REF. NO. 9369 AT ANNEXURE-A8. J) PETITIONER NO. 10 IN REF. NO. 9464 AT ANNEXURE-A9. K) PETITIONER NO. 11 IN REF. NO. 9391 AT ANNEXURE-A10. L) PETITIONER NO. 12 IN REF. NO. 9400 AT ANNEXURE-A11. M) PETITIONER NO. 13 IN REF. NO. 9499 AT ANNEXURE-A12. N) PETITIONER NO. 14 IN REF. NO. 9402 AT ANNEXURE-A13. O) PETITIONER NO. 15 IN REF. NO. 9401 AT ANNEXURE-A14. P) PETITIONER NO. 16 IN REF. NO. 9279 AT ANNEXURE-A15. Q) PETITIONER NO. 17 IN REF. NO. 9461 AT ANNEXURE-A16. R) PETITIONER NO. 18 IN REF. NO. 9331 AT ANNEXURE-A17. S) PETITIONER NO. 19 IN REF. NO. 9355 AT ANNEXURE-A18. T) PETITIONER NO. 20 IN REF. NO. 9450 AT ANNEXURE-A19. U) PETITIONER NO. 21 IN REF. NO. 9351 AT ANNEXURE-A20. V) PETITIONER NO. 22 IN REF. NO. 9439 AT

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NC: 2025:KHC:9602 WP No. 10492 of 2024

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ANNEXURE-A21. W) PETITIONER NO. 23 IN REF. NO. 9282 AT ANNEXURE-A22. X) PETITIONER NO. 24 IN REF. NO. 9481 AT ANNEXURE-A23. Y) PETITIONER NO. 25 IN REF. NO. 9328 AT ANNEXURE-A24. Z) PETITIONER NO. 26 IN REF. NO. 9490 AT ANNEXURE-A25. AA) PETITIONER NO. 27 IN REF. NO. 9315 AT ANNEXURE-A26.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioners are before this Court calling in question their appointment to the poll duty in violation to clause 3.3.2 of the Handbook for Returning Officer, 2023.

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This Court on 05.04.2024 had passed the following

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order:

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“….

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The petitioners are the senior pharmacy officers and pharmacy officers. The petitioners and the like were before this Court on previous occasion. The previous occasion was at the time of assembly elections in the State. The petitioners therein were deployed to election duty contrary to the Hand book of the Election Commission of India.

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This Court in W.P.No.8654/2023 has granted an interim order of stay on 17.04.2023, which reads as follows:

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NC: 2025:KHC:9602 WP No. 10492 of 2024

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“Petitioner in this petition seeks a direction by issuance of a writ in the nature of mandamus to comply with the direction dated 01.03.2023. The communication is from the office of the Election Commission to all the Deputy Commissioners and the District Election officers to act in accordance with clause 3.3.2 of the Handbook for Returning Officer, insofar as summoning the services of Doctors, Nurses and ANMs are concerned.

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Clause 3.3.2 of the Handbook for the Returning Officer depicts certain exempted categories. The medical staff including Doctors, Nurses and ANMs are exempted from being summoned for election duties. The members of the petitioner/Association claim to be working as pharmacy officers and senior pharmacy officers in the ESI hospitals and are required to be in the pharmacy for medicines to be given to its patients.

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At this juncture, learned counsel for the petitioner submits that in the entire State, the aforesaid clause is implemented in stricto sensu, except in the BBMP. The submission is also placed on record.

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In the light of the exemption under the Handbook for Returning Officer as quoted hereinabove and also the communication dated 01.03.2023 directing that the respondents-Authorities should not summon the members of the Association, only if they are pharmacy officers or senior pharmacy officers working in the ESI hospital, there shall be an interim order of stay, as prayed for, till the next date of hearing.

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List the matter after summer vacations’2023.”

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The Election Commission of India has also directed the State Government not to deploy the doctors, nurses and ANMs for election duty.

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The BBMP appears to be deliberately ignoring all the orders of this Court and the directions of Election Commission of India as referred supra . Therefore, there shall be an interim order of stay as prayed for, till the next date of hearing.

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The BBMP is directed to act responsibly in deploying the staff of the kind that is projected in the case at hand in future.

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Hand delivery of the order is permitted.

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NC: 2025:KHC:9602 WP No. 10492 of 2024

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This order was passed in the wake of the ensuing parliamentary elections then, which are now over. Therefore, the petition is rendered infructuous.

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Accordingly, petition is disposed as having become infructuous. All contentions in the present petition remain open to be decided in an appropriate case.

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Consequently, I.A.No.1 of 2024 also stands disposed.

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SD/-

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___________________ JUSTICE M.NAGAPRASANNA

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BKP List No.: 1 Sl No.: 50

Mr. Pradeep. K. v. the Chief Electoral Officer

Case brief

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Mr. Pradeep. K. v. the Chief Electoral Officer

Case brief

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