SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Kar) 938

IN THE HIGH COURT OF KARNATAKA
Ritu Raj Awasthi, Suraj Govindaraj, JJ.
High Court Of Karnataka - Appellant
Versus
State of Karnataka & Ors. - Respondents
Writ Petition No. 14925 of 2020 (Lb-Ele-Pil)
Decided On : 14-01-2022

Advocates appeared:
Smt. Vani. H, Aga, Sri. K.N. Pahnindra, Sr. Advocate for Smt. Vaishali Hegde, Advocate, for the Respondent.

Compliance with the mandate of Article 243-U of the Constitution of India for conducting local body elections.

Headnote:

Elections - Compliance with Article 243-U of the Constitution of India - The court directed the State Government and the Karnataka State Election Commission to conduct local body elections in compliance with the mandate of Article 243-U, and the elections were completed except for two bodies pending before the Apex Court.

Fact of the Case:

The court initiated a writ petition to direct the respondents to conduct elections to the Corporations/Municipalities in the State to comply with the mandate of Article 243-U of the Constitution of India. The State Government and the Karnataka State Election Commission were directed to notify and complete the election process by a specified date.

Finding of the Court:

The elections to the Local Bodies and the Municipalities in the State were completed in compliance with the court's directions, except for two bodies pending before the Apex Court. The court found that the cause for which the writ petition was initiated has been fulfilled and accordingly disposed of the petition.

Issues: Compliance with the mandate of Article 243-U of the Constitution of India, completion of local body elections, and pending matters before the Apex Court.

Ratio Decidendi: The court's decision was influenced by the compliance of the State Government and the Karnataka State Election Commission with the directions to conduct local body elections in accordance with the mandate of Article 243-U of the Constitution of India.

Final Decision: The writ petition was disposed of as the court found that the cause for which it was initiated has been fulfilled.

ORDER

1. This writ petition was initiated suo moto for directing the respondents to conduct the elections to the Corporations/Municipalities in the State in order to comply with the mandate of Sub-clause (3) of Article 243-U of the Constitution of India. This Court vide order dated 17.11.2021 had issued directions to the State Government and the Karnataka State Election Commission to notify the Local Body elections and the schedule for holding the elections and thereafter complete the election process to the Local Bodies by 30.12.2021.

2. Mr.K.N.Phanindra, learned Senior advocate appearing for respondent No.4- Karnataka State Election Commission informs the Court that in compliance of Court's directions, all the elections to the Local Bodies and the Municipalities in the State have been completed by 30.12.2021 except the Bruhat Bengaluru Mahanagara Palike and Vijayapura Municipal Corporation regarding whom the matter is pending before the Apex Court.

3. Learned Additional Government Advocate endorses the statement given by the learned Senior advocate for respondent NO.4.

4. In view of the above, we are of the considered view that the cause for which the writ petition was initiated has been fulfilled.

The writ petition is accordingly disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top