IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B. VEERAPPA, J.
Mr. Shiva Madhu S/o Late Chikkanna & Ors. - Petitioners
Vs.
State of Karnataka Urban Development Department & Ors. - Respondents
Writ Petition Nos. 30543-30545, 29858-29862, 31438-31442, 32989, 32990-32991, 33432-33435 of 2018 (LB-RES)
Decided On : 09-08-2018
Constitution of India,1950 - Article 243ZG - Karnataka Municipal Corporations Act, 1976 - Section 21 - Quash - Election - Petitions are challenging different notifications of delimitation of wards issued by State Government on basis census figures in respect City and Municipal Corporations declaring wards petitioners have sought for quashing notification issued by first respondent insofar as not determining layouts which have been handed over by respondent - Urban Development Authority (‘MUDA’ for short) more particularly not determining layouts in impugned notification for any of wards to election for office of councilors respondent City Corporation and for directing respondent – State Government to determine layouts which have been handed over respondent - MUDA as per Official Memorandum –Held, Petition have sought for quashing impugned notification issued by 1st Respondent insofar as not determining layouts which have been handed over Respondent-Mysore Urban Development Authority more particularly not determining Layout in impugned notification for any of wards to election for office of councilors Respondent Mysore City Corporation-petitioners have sought for above reliefs to enable m to franchise votes ensuing elections to be conducted for City Corporation/Urban Local Bodies in pursuance impugned notification issued respondent- State on instructions submits that no voter within limits City Corporation/Urban Local Body will be deprived to franchise votes and assured Court that he will instruct Deputy Commissioner to take all necessary immediate steps to include names of petitioners as well as residents voters’ list for ensuing election to be conducted for City Corporation/Urban Local Bodies in accordance with law petitions has to be answered in affirmative holding that writ petitions are maintainable and point has to be answered in negative holding that petitioners have not made out a case to interfere with impugned final delimitation notifications Articles Constitution of India since elections have be completed on or before constitutional mandate in view of provisions Constitution of India - Petition dismissed
I. THE RELIEFS SOUGHT IN THE WRIT PETITIONS
The petitioners in Writ Petition Nos.30543-30545/2018 have sought for the following reliefs:
(a) Issue a writ of certiorari setting aside the notification dated 23.4.2018 published in the Official Gazette on 23.4.2018 vide Annexure-H bearing No. NaAE 69 MLR 2017 passed by R-1.
(b) Issue a writ of certiorari setting aside the proceedings of the 2nd respondents Dated 27.3.2018 bearing no. MuNiC(1) staff C.R-349/2017-18 vide Annexure-G.
(c) Issue a writ of Mandamus directing the respondents 1 and 2 to carry out the delimitation of 65 wards in the Mysuru City Corporation in terms of the Guidelines vide Annexure-A dated 18.8.2006 passed by respondent no.1 and vide Annexure-B dated 15.2.2014 bearing no. UDD4 MLR 2014 and Annexure-C dated 3.11.2016 bearing no. NAAE 119 MLR 2016.
2. The petitioners in Writ Petition Nos.29858-29862/2018 have sought for the following reliefs:
(a) Issue a writ in the nature of certiorari, quashing the notification bearing Order No. NAE 57 MLR 2017 dated 28.12.2017 passed by Respondent No.1 vide Annexure-C;
(b) Issue a writ of Mandamus directing the Respondent No.3 to conduct the de-limitation exercise afresh based on the population figures of 2011 and in compliance of Section 21(2) of the act.
3. The petitioners in Writ Petition Nos.31438-31442/2018 have sought for the following reliefs:
(a) Issue a writ in the nature of certiorari, quashing the notification bearing order No. NAE 57 MLR 2017 dated 28.12.2017 passed by Respondent No.1 vide Annexure-D;
(b) Issue a writ of Mandamus directing the Respondent No.3 to conduct the de-limitation exercise afresh based and increase the number of wards based on the population figures of 2011 in compliance of Section 21(2) of the act.
4. The petitioners in Writ Petition Nos.32989/2018 & W.P Nos.32990-991/2018 have sought for the following reliefs:
(a) Issue appropriate writ order or direction in the nature of certiorari quashing the impugned notification bearing No. Na.A.E. 69 MLR 2017, Bengaluru dated 23.04.2018 (Annexure-A) issued by the 1st Respondent, in so far as not determining the layouts which have been handed over by the 4th Respondent Mysore Urban Development Authority as per O.M No. MY.N.PRA/AA/KBH/2016-17 dated 15.07.2016 (Annexure-C) more particularly not determining the Preethi and Sai Layout in the impugned notification for any of the wards to the election for the office of councilors in the 3rd Respondent Mysore City Corporation;
(b) Issue an appropriate writ, order or direction in the nature of mandamus directing the 1st Respondent to determine the layouts which have been handed over by the 4th Respondent Mysore Urban Development Authority as per O.M dated 15.07.2016 (Annexure-C) more particularly not determining the Preethi and Sai Layout in any of the wards as required under Section 21 of the KMC Act.
5. The petitioners in Writ Petition Nos.33432-33435/2018 2018 have sought for the following reliefs:
(a) Issue a writ in the nature of certiorari quashing the delimitation of wards at Annexure-A dated 23.4.2018 in impugned Gazette Notification bearing No.NAAE 69 MLR 2017 issued by Respondent No.1.
(b) Issue a direction to the Respondent No.1 to consider the objections filed by the petitioner at Annexure-C in respect of impugned notification at Annexure-A and direct to restore the previous delimitation of wards done based on the 2011 census.
II. FACTS OF THE CASES
6. The petitioners in these writ petitions are challenging different notifications of delimitation of wards issued by the State Government on the basis of 2011 census figures in respect of Mysuru City and Tumakuru City Municipal Corporations, declaring 65 wards at Mysuru and 35 wards at Tumakuru. In W.P No.32989/2018, the petitioners have sought for quashing the notification dated 23.04.2018 issued by the first respondent insofar as not determining the layouts which have been handed over by the 4th respondent - Mysuru Urban Development Authority (‘MUDA’ for sh
Anugrah Naraian Singh & Another vs. State of U.P. & Others
Babu Verghese vs. Bar Council of Kerala
Election Commission of India vs. Ashok Kumar
Kishansing Tomar vs. Municipal Corporation of The City of Ahmedabad
Meghraj Kothari v. Delimitation Commission
M/s Bishamber Dayal Chandramohan vs. State of U.P. & Others
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.