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Sri T G Nagaraj Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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Karnataka HC
2025
Sri T G Nagaraj Vs the State of KarnatakaSri T G Nagaraj v. the State of Karnataka

Disposed¶32

Sri T G Nagaraj v. the State of Karnataka

Karnataka HC2 Apr 2025WP/16609/2021

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; W.P. No. 16609/2021 (LB-RES-PIL); PIL writ petition under Articles 226 & 227, Constitution of India; petitioner T G Nagaraj (Shivamogga); respondents include State of Karnataka (Local Bodies and Municipal Administration), Director of Municipal Administration, Deputy Commissioner Shivamogga, President Pattana Panchayath Soraba Town, City Municipal Council Soraba, State Election Commissioner for Local Bodies; seeks mandamus to conduct City Municipal Council, Soraba elections per ALW, mirroring W.P.N.11725/2020 and W.A.No.46/2021 (Annexure-D and E time-bound fixing); oral order dated 02 April 2025 by Chief Justice N.V. Anjaria with Justice K.V. Aravind; office objection; two weeks to cure; automatic dismissal warning; listing on 02.06.2025; steps to serve respondent Nos. 4 and 6; counsel: M Shivaprakash (petitioner), AGA (R1-R3), Pruthvi Wodeyar (R5).

What did the court decide?

Two weeks' time to remove the office objection, failing which automatic dismissal of the petition; upon compliance, listing on 02.06.2025; petitioner directed to take steps to serve respondent Nos. 4 and 6. ¶32

Why is it important?

Two weeks' time is granted to remove the office objection; failing which, the petition shall stand dismissed automatically without reference to or order of the Court. ¶32

What the court decided

AI extract

Outcome

Two weeks' time to remove the office objection, failing which automatic dismissal of the petition; upon compliance, listing on 02.06.2025; petitioner directed to take steps to serve respondent Nos. 4 and 6.

Issue for consideration

Whether a writ of mandamus should issue directing conduct of elections to the City Municipal Council, Soraba, Shimoga district, in accordance with ALW and in the manner ordered in W.P.N.11725/2020 and W.A.No.46/2021.

Ratio / Principle

Two weeks' time is granted to remove the office objection; failing which, the petition shall stand dismissed automatically without reference to or order of the Court.

Key takeaways

In the event the office objections are complied with, the petition shall be listed on 02.06.2025.ratio¶33
The petitioner shall take steps to serve respondent Nos. 4 and 6.ratio¶34

Detailed headnote1 paragraphs

Oral order dated 02.04.2025 of the High Court of Karnataka, Bengaluru (per Chief Justice N.V. Anjaria; bench included Justice K.V. Aravind) in Writ Petition No. 16609/2021 (LB-RES-PIL), a PIL by Sri T G Nagaraj praying for a writ of mandamus to conduct elections to the City Municipal Council, Soraba, Shimoga district, in accordance with ALW and in the manner ordered in W.P.N.11725/2020 and W.A.No.46/2021 (filed under Articles 226 & 227 of the Constitution of India). The petition was at the office-objection stage: the Court granted two weeks to remove the office objection, failing which the petition would stand dismissed automatically without reference to the Court; if the objections were complied with, the petition was to be listed on 02.06.2025; the petitioner was further directed to take steps to serve respondent Nos. 4 and 6 (President, Pattana Panchayath, Soraba Town, and the State Election Commissioner for Local Bodies). No substantive issue was adjudicated in this order.

A

IN THE HIGH COURT OF KARNATAKA, AT BENGALURU

DATED THIS THE 02^ND DAY OF APRIL, 2025

PRESENT

THE HON'BLE MR.N.V.ANJARIA CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION NO.16609/2021 (LB-RES-PIL)

BETWEEN

1 . SRI T G NAGARAJ S/O GANAPATHY, AGED ABOUT 50 YEARS, R/AT HIRESHAKUNA SORABA, KASABA HOBLI SHIVAMOGGA DISTRICT KARNATAKA - 577 429

…PETITIONER/S

(BY SRI./SMT.: M SHIVAPRAKASH, ADVOCATE)

AND

1 . THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF LOCAL BODIES AND MUNICIPAL ADMINISTRATION VIDHANA SOUDHA, BANGALORE - 560 001.

2 . DIRECTOR OF MUNICIPAL ADMINISTRATION VISHWESHWARAIAH TOWER DR AMBEDKAR VEEDHI

S R NAGAR, BANGALORE - 560 001.

3 . THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA - 577 201.

W.P.NO.16609/2021

2

4 . THE PRESIDENT PATTANA PANCHAYATH SORABA TOWN

SHIVAMOGGA DISTRICT - 577 429.

5 . THE CITY MUNICIPAL COUNCIL REP. BY ITS COMMISSIONER SORABA TOWN SHIVAMOGGA DISTRICT - 577 429.

6 . THE STATE ELECTION COMMISSIONER FOR LOCAL BODIES REP BY ITS COMMISSIONER NO.8, 1ST FLOOR, CUNNINGHAM ROAD BENGALURU - 560 052.

…RESPONDENT/S

(BY SRI./SMT.:AGA ACCEPTS NOTICE FOR R1 TO 3, SRI. PRUTHVI WODEYAR ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. TO CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF THE RESPONDENT NO.3 AND 4. B. TO ISSUE WRIT OF MANDAMUS TO CONDUCT ELECTIONS TO THE CITY MUNICIPAL COUNCIL, SORABA, SHIMOGA DISTRICT, IN ACCORDANCE WITH ALW AND IN THE SIMILAR MANNER, AS ORDERED IN W.P.N.11725/2020 & W.A.NO.46/2021 WITH TIME BOUND FIXING TIME AT ANNEXURE-D AND E RESPECTIVELY AND ETC.,

THIS WRIT PETITION COMING ON FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING ORDER.

CORAM: HON’BLE THE CHIEF JUSTICE MR.JUSTICE N.V.ANJARIA AND HON’BLE MR.JUSTICE K. V. ARAVIND

W.P.NO.16609/2021

3

ORAL ORDER

(PER: HON’BLE THE CHIEF JUSTICE MR.JUSTICE N.V.ANJARIA)

Two weeks’ time is granted to remove the office objection failing which, the petition shall stand dismissed automatically without reference to or order of the Court.

In the event the office objections are complied with, the petition shall be listed on 02.06.2025.

The petitioner shall also take steps to serve respondent Nos.4 and 6.

Sd/(N.V.ANJARIA) CHIEF JUSTICE

Sd/(K. V. ARAVIND) JUDGE

TYPED BY : SK CASE WORKER : JK COMPARED BY : JK

COPY Sd/-

ASSISTANT REGISTRAR

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether a writ of mandamus should issue directing conduct of elections to the City Municipal Council, Soraba, Shimoga district, in accordance with ALW and in the manner ordered in W.P.N.11725/2020 and W.A.No.46/2021.medium confidence¶25

Cases cited

Colour shows how this judgement treated each authority

AI extract

W.P.N.11725/2020Referred¶25
W.A.NO.46/2021Referred¶25

Statutes considered

2 provisions across 2 enactments

AI extract

Constitution of IndiaArticles 226 & 227¶25
ALWALW¶25

Procedural history

How this case reached the court

AI extract

Prior proceeding
The prayer seeks elections to the City Municipal Council, Soraba in the same manner as ordered in W.P.N.11725/2020 and W.A.No.46/2021, with time-bound fixing at Annexure-D and E respectively.¶25
Prior proceeding
An office objection was pending against the petition at the time of this order.¶32

Parties & counsel

AI extract

petitioner
Sri T G Nagaraj S/o Ganapathy¶9
M Shivaprakash
respondent
The State of Karnataka, represented by its Secretary, Department of Local Bodies and Municipal Administration¶13
AGA
respondent
Director of Municipal Administration¶14
AGA
respondent
The Deputy Commissioner, Shivamogga District¶16
AGA
respondent
The President, Pattana Panchayath, Soraba Town¶19
respondent
The City Municipal Council, rep. by its Commissioner, Soraba Town¶21
Pruthvi Wodeyar
respondent
The State Election Commissioner for Local Bodies, rep by its Commissioner¶22

Coram

AI extract

N.V. Anjariaauthor¶31
K. V. Aravindmember¶27

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 2 Apr 2025 · April
Registered: 13 Sept 2021
Case no.: WP/16609/2021
CNR: KAHC010332592021
Topic: Writ and Judicial Review
Bench: N. V. Anjaria CJ K. V. Aravind
Disposal: Dismissed for Non-Prosecution
Case type: Writ Petition (LB-RES-PIL)

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Cite this judgement

Sri T G Nagaraj v. the State of Karnataka, WP/16609/2021 (KA), decided on 2 April 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited2

W.P.N.11725/2020Referred¶25
W.A.NO.46/2021Referred¶25

Open Authorities

Statutes2

Constitution of IndiaArticles 226 & 227
ALWALW

View all statutes

Procedural history2

The prayer seeks elections to the City Municipal Council, Soraba in the same manner as ordered in W.P.N.11725/2020 and W.A.No.46/2021, with time-bound fixing at Annexure-D and E respectively.
An office objection was pending against the petition at the time of this order.

View full history

Bench / Coram

N.V. Anjaria and K. V. Aravind

Parties & counsel