Karnataka High Court

WP/58456/2017 of SRI V NARAYANASWAMY Vs N SRINIVAS on 28 December 2017

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COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.58456 OF 2017 (LB-ELE) BETWEEN: Sri V.Narayanaswamy, S/o.Venkatarayappa, Aged about 52 years, Chamarajapete, Ward No.30, Chikaballapur – 562 101. .. Petitioner (By

IN THE HIGH COURT OF KARNATAKA AT BENGALURU|

DATED THIS THE 28[TH]DAY OF DECEMBER 2701/7

BEFORE.

THE HON’ BLE MRS.JUSTICE S.SUJATHA

$W.P.No.58456 OF 2017 (LBELE)

BETWEEN:

Sri V.Narayanaswamy,S/o.Venkatarayappa, Aged about 52 years,Cnamarajapete,Ward No.30,Cnikabaliapur — 562 101. .. Petitioner|

(By Sri. H.M.Manjunatnha, Advocate)

AND:

1.|N.Srinivas,S/o.Late Narayanappa,Aged about 45 years,R/a Ward No.30,|Chamarajapete,ChikkKaballapur — 562 101.

2.|V.Venkatesn, S/o.Venkatarayappa, Aged about 52 years,Chamarajapete, Ward No.30,ChikkKaballapur — 562 101.

3.|Cnandrappa, Returning Officer,Municipal Elections,For Ward No.30,Working in the office of theDeputy Director of Sericulture, Z.P.Division, Chadalapura, Chikaballapur — 562 101.

4The Assistant Commissioner,

Chikkaballapura Sub-Division,

ChikkKaballapur — 562 101. .. Respondents|

(By Sri.A.G.Shivanna, A.A.G. a/w.

Sri S.V.Girikumar, A.G.A. for R4)

This writ petition is filed under Articles 226 and.22/7 of the Constitution of India praying to issue a writof mandamus, instructing the Hon’ble Senior Civil Judge|(Tribunal) at Chikkaballapura to dispose of the Election.Misc. Petition No.9/2013 within two months and etc. —

This writ petition, coming on for _ preliminarhearing, this day, the Court made the following:

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ORDER

LearnedAdaitionalGovernmentAdvocate IS|directed to accept notice on behalf of respondent No.4. ©

2. Petitioner has sought for a writ of mandamus,instructing the Hon'ble Senior Civil Judge (Tribunal),|CnikkKaballapura to dispose of the Election Misc. PetitionNo.9/2013, within two months.

3. The sole grievance of the petitioner is that,despitetnedirection issued|DYthis.CourtinM.F.A.No.20/71/2014 to dispose of the Election Misc.

Petition No.9/2013 in an expedite manner by the.Tribunal, the same is not complied with.

4. It is contended by the learned counselappearing for the petitioner that the first respondent,|with malafide intention and with an Intention tocomplete his tenure, is not co-operating to expedite the|Trial Court proceedings, thereby the first respondent got|one more opportunity to cast nis vote for the second|term election for the post of President and Vice-President though he is not eligible to vote, whicn.amounts to failure of justice and wnicn would defeat the|very purpose of filing an election petition before the|competent forum. |

5. The learned counsel submits that the delay.caused in not disposing of the election petition in an|expedite manner would entitle the petitioner to claim|tne relief of restraining tne first respondent from castinghis vote for tne election of President and Vice-President|till the disposal of the Election Misc. Petition No.9/2013|pending before the competent forum. |

6. Learned Additional]Government.Advocaterepresenting respondent No.4 would submit that the|petitioner is not entitled to claim any relief to restrain|tne first respondent from casting nis vote for the|election of President and Vice-President. However, the|respondent has no objection in issuing a direction to the|Senior Civil Judge (Tribunal), Chickkaballapur to dispose|of Election Misc. Petition No.9/2013 in an expedite|Mahnhefr.

7. Having heard the learned counsel appearing forthe respective parties and perusing the material on|record, it is manifestly clear that the Election Misc.|Petition No.9/2013 is pending for adjudication before|the competent forum, i.e., Senior Civil Judge (Tribunal),ChickKabDallapur, since 2013. It is also significant to |note that while disposing of M.F.A.No.2071/2014|(D.D.18.03.2014) this Court has specifically directed the Tribunal to dispose of the Election Petition in an|expedite manner. In the circumstances, this Court finds|it appropriate to direct the Senior Civil Judge (Tribunal), Chickkaballapur to dispose of Election Misc. Petition|

No.9/2013 as expeditiously as possible, within a period.of three months from the date of receipt of the certifiedcopy of the order, which would serve the ends of justice. |

8. Accordingly, writ petition stands disposed of interms of the above.

Cm/-

Sd/-|

JUDGE

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