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2021 Supreme(Kar) 323

H.T.NARENDRA PRASAD
Vijayakumar Hemareddi Hallikeri – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. J.S. Shetty, Smt. Deepa Udiyar.
For the Respondents: Smt. Vidyavati K. Kotturshettar, Sri. Shivaprabhu S. Hiremath, Sri. S. Rajashekhar, Sri. Vijay Malali, Sri. C.S. Patil, Sri. Umesh P.H.

ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India seeking quashing of the notification dated 08.03.2021 issued by the 2nd respondent/Election Commissioner vide Annexure-A to hold election to the 5th respondent Panchayath.

2. The case of the petitioners is that, the petitioners are elected as the members of Yamanoor Grama Panchayath in the general election held on 04.04.2016. Pursuant to that, the Deputy Commissioner, Dharwad, by Notification dated 17.06.2016 has declared that the petitioners are the duly elected members of the said Grama Panchayath. In fact, the total strength of the Grama Panchayath is 22. The said Grama Panchayath consists of 4 villages namely Yamanoor, Padesur, Kumaragoppa and Arekurahatti. 6 members are required to be elected from Yamanoor constituency, 6 members from Padesuru constituency, 2 members from Kumaragoppa constituency and 8 members from Arekurahatti constituency. The villagers of Aekurahatti village have boycotted the election. No election was held for 8 constituency in Arekurahatti village. The total strength of Yamanoor Grama Panchayath is 22. Out of 22, the elected members are 14. As per the provision of the Karn

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