Disposed¶36

Sri M. Basavaraja Naik v. the Secretary

Karnataka HC4 Jun 2026WP/15772/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; M.G.S. Kamal, J.; W.P. No. 15772 of 2023 (GM-RES), decided 04-06-2026. Maintainability of writ petition challenging election results of 108 Mayakonda Assembly Constituency, 2023; remedy lies under the Representation of the People Act, 1950, not under Articles 226/227; liberty reserved to pursue statutory remedy; petition disposed.

What did the court decide?

No substantive relief; liberty reserved to the petitioner to avail the statutory remedy under the Representation of the People Act, 1950, if permissible; the prayer to cancel the final results sheet (Annexure-D) and conduct re-elections was not granted. ¶36

Sri M. Basavaraja Naik Vs the Secretary — Writ and Judicial Review | Karnataka HC (2026)

¶1

¶2

NC: 2026:KHC:26533 WP No. 15772 of 2023

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 4^TH DAY OF JUNE, 2026

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

¶8

WRIT PETITION NO. 15772 OF 2023 (GM-RES)

¶9

BETWEEN:

¶10

SRI M. BASAVARAJA NAIK S/O MANYA NAIK AGED ABOUT 60 YEARS R/AT NO 638, SRIRAMANAGARA LAMBANIHATTI -ALURU DAVANAGERE TALUK AND DISTRICT - 577 512.

¶11

…PETITIONER

¶12

(BY SRI. SANTHOSH M L., ADVOCATE)

¶13

AND:

¶14

Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

¶15

THE SECRETARY ELECTION COMMISISONER OF KARNATAKA NIRVACHAN NILAYA SESHADRI ROAD

¶16

BENGALURU - 560 001.

¶17

CHIEF ELECTION COMMISSIONER OF KARNATAKA NIRVAHCAN NILAYA SESHADRI ROAD BENGALURU - 560 001 REP. BY ITS COMMISSIONER.

¶18

¶19

NC: 2026:KHC:26533 WP No. 15772 of 2023

¶20

HC-KAR

¶21

RETURNING OFFICER NO 108, MAYAKONDA CONSTUTUENCY (SC) AND ASSISTANT COMMISSIONER DAVANGERE SUB DIVISION DAVANAGERE - 577 512.

¶22

D M PUSHPA

¶23

W/O VAGEESHASWAMY AGED BY MAJOR R/AT NO 367 "KASHI VISHWANATHA NILAYA" MATADA MANE, HARALAHALLI VILLAGE HALIVANA POST, HARIHAR TALUK DAVANAGERE DISTRICT - 577 512.

¶24

…RESPONDENTS

¶25

(BY SRI. DODWAD SHARASCHANDRA RAMESH., ADVOCATE FOR R1 TO R3; R-4 SERVED AND UNREPRESENTED)

¶26

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 AND R3 TO CANCEL THE FINAL RESULTS SHEET MARKED AT ANNXURE-D AND TO CONDUCT RE-ELECTIONS TO THE 108 MAYAKONDA ASSEMBLY CONSTITUENCY ETC.

¶27

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶28

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

¶29

3 - NC: 2026:KHC:26533 WP No. 15772 of 2023

¶30

HC-KAR

¶31

ORAL ORDER

¶32

The question raised in the writ petition pertains to election results of Mayakonda Assembly Constituency of the year 2023 in which the petitioner had unsuccessfully contested.

¶33