Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Kar) 343

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA, J.
MR.LINGAPPA GOUDORU S/O SHIVALINGAPPA - Appellant
Vs.
THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIKAS SOUDHA, BENGALURU – 560 001 REPRESENTED BY SECRETARY - Respondent
WRIT PETITION No.13944/2021 (LB-ELE) C/W WRIT PETITION No.13902/2021 (LB-ELE) WRIT PETITION No.9538/2021 (LB-ELE) WRIT PETITION No.12616/2021 (LB-ELE)
Decided On : 19-08-2021

Advocates Appeared:
For The Appellant :SRI JAYAKUMAR S.PATIL, SR. ADVOCATE A/W SRI A.MAHAMMED TAHIR, ADVOCATE
For The Respondent:SRI NITHYANANDA K.R., HCGP AND SRI K.N.PHANINDRA, SR. ADVOCATE FOR SMT.VAISHALI HEGDE, ADVOCATE

Point of Law: Election - Delimitation notification - Both Zilla Panchayat and Taluk Panchayat, only rider is in terms of proviso appended to Sections 161 and 122 which bar Election Commission to bring into force delimitation till term of office of elected members would get completed. In all these cases at hand term of office of elected members of either Zilla Panchayat or Taluk Panchayat has indisputably come to an end.

Headnote:
Constitution of India, 1950 - Articles 243-B, 243C, 243-O, 226 and 227 - Karnataka Gram Swaraj and Panchayat Raj Act, 1993 - Sections 160, 161, 163, 121 and 122 - Writ of certiorari - Notification - Zilla Panchayat constituencies of Chikkaballapur taluk - Composition of Panchayats - Bar to interference by courts in electoral matters - Whether writ petition questioning process of delimitation by Election Commission is maintainable - Whether impugned delimitation notification issued by Election Commission is valid in law - Petitioners in these cases also claim to be aspirants to contest in ensuing elections in respective constituencies - Impugned notification though is a draft, learned Senior counsel and learned counsel appearing for petitioners submit that they would not file objections and pursue challenge, as according to them impugned notification is contrary to law and without jurisdiction.
Finding of the Court :
Article 243-O bars interference by Courts in electoral matters when a validity of any law relating to delimitation of any constituency or allotment of seats to such constituency made under Article 243K not to be questioned in any Court of law - In terms of Article 243(f), ‘population’ means population as ascertained at last preceding census of which relevant figures have been published. Therefore last preceding census in the State of Karnataka was of year 2011. It is an admitted fact that there is no census conducted in years - Article 243(d) defines ‘panchayat' to mean an institution constituted under Article 243B for rural areas. Therefore, Part-IX which deals with panchayats is primarily concerning rural areas - There is no violence caused to the provisions of law as is contended by the learned senior counsel appearing for petitioners. If in afore-extracted peculiar facts Election Commission had not undertaken exercise as it has done, it would render amendment to Sections 160 and 121 with effect from 25-02-2016, otiose - Bar in proviso to the Election Commission ceases to operate once term is over and Election Commission is empowered to bring in a delimitation notification for the ensuing elections in accordance with law - Election Commission has not deviated from census of 2011 for petitioners to contend that act of Election Commission is in violation of either Section 161 or Section 122 of Act as case would be decline to accede to contentions of petitioners that case warrants a judicial hands on and declare a judicial hands off, not on maintainability, but on merit of matter.
Result: Petitions dismissed

ORDER :

Petitioners in these petitions seek the following prayers:

“IN W.P.No.13944/2021 & W.P.No.13902/2021

(a) Issue a writ in the nature of certiorari quashing the Notification bearing No.RACHUA/41/ZP/CV/TZP/2021 dated 01-04-2021 vide Annexure-D passed by respondent No.2 in the interest of justice and equity.

(a1) Issue writ in the nature of certiorari quashing impugned Notification bearing No.RACHUA/8/TZP/2021 dated 24.03.2021 vide Annexure-D1 passed by respondent No.2 in the interest of justice and equity.

(b) Consequently, issue a writ in the nature of certiorari quashing the Notification bearing No.RACHUA/75/ZP-ME/TZP/2021 dated 01-07-2021 vide Annexure-E passed by respondent No.2 in the interest of justice and equity.

(c) Issue a writ in the nature of mandamus directing the respondent No.2-State Election Commission to issue fresh draft notification of reservation to 38 seats/constituencies as per Annexure-C in the interest of justice and equity.

(d) Pass such other writ, order or direction that this Hon’ble Court deems fit to pass in the circumstances of the case.

IN W.P.No.9538/2021

(i) Issue a Writ of Certiorari and quash the Notification dated 31.03.2021 issued by respondent No.2 bearing No. RaChuA/22 (TaPum-CV)/TZP/2021 (produced as ANNEXURE-“A”) insofar as it pertains to Chikkanayakanahalli Taluk;

(ii) Issue a Writ of Certiorari and quash the notification dated 31.03.2021 issued by respondent No.2 bearing no. RaChuA/22/ (GPum-CV)/TZP/2021 (produced as ANNEXURE-“C”) insofar as it pertains to Chikkanayakanahalli Taluk;

(iii) Issue a Writ of mandamus directing respondents to carry out the delimitation of the constituencies of Chikkanayakanahalli Taluk Panchayat and that of Zilla Panchayat constituencies of Chikkanayakanahalli Taluk in accordance with the provisions of Karnataka Gram Swaraj and Panchayat Raj Act and the guidelines dated 15.09.2015 issued by respondent No.2 (produced as ANNEXURE-“E”); and;

(iiiA) Issue a Writ of Certiorari and quash the notification dated 24.03.2021 issued by respondent No.2 bearing No.RaChuA/8/TZP/2021 (produced as ANNEXURE -“F”) insofar as it pertains to Chikkanayakanahalli Taluk;

(iv) Pass such other and further orders as deemed fit in the facts and circumstances of the case in the interest of justice and equity.

IN W.P.No.12616/2021

(i) Issue a Writ of Certiorari and quash the notification dated 29.03.2021 issued by respondent No.2 bearing no. RaChuA/34/(GiPum-CV)/TZP/2021 (produced as ANNEXURE -“A”) insofar as it pertains to Zilla Panchayat constituencies of Chikkaballapur Taluk;

(ii) Issue a Writ of Certiorari and quash the notification dated 01.07.2021 issued by respondent No.2 bearing no. RaChuA/53/(GiPum-Mee)/TZP/2021 (produced as ANNEXURE-“G”) insofar as it pertains to reservation for Zilla Panchayat constituencies of Chikkaballapur Taluk;

(iii) Issue a Writ of Mandamus directing respondents to carry out the delimitation of Zilla Panchayat constituencies of Chikkaballapur Taluk in accordance with the provisions of Karnataka Gram Swaraj and Panchayat Raj Act and the guidelines dated 15.09.2015 issued by respondent No.2 (produced as ANNEXURE -“F”);

(iv) Issue a Writ of Mandamus directing the respondent No.2 to consider the representation dated 05.04.2021 issued by the petitioner (produced as ANNEXURE -“E”); and,

(v) Pass such other and further orders as deemed fit in the facts and circumstances of the case in the interest of justice and equity.”

2. Sans unnecessary details the facts that are germane for consideration of the lis are as follows:

The petitioners in W.P.No.13944/2021 and 13902/2021 are all residents of Sidhanuru Taluk coming under Raichur Zilla Panchayat and claimed to be prospective candidates in the ensuing election to respondent No.4 Raichur Zilla Panchayat which is slated to be held in the year 2021.

3. The petitioners in W.P.No.9538/2021 are residents of Chikkanaikanahalli Ta

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2021 Supreme(Kar) 343

Cases Referred (1)