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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
Important Points
Subject
Constitutional Law - Election Law
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.
Smt. Vani. H, Aga, Sri. K.N. Pahnindra, Sr. Advocate for Smt. Vaishali Hegde, Advocate, for the Respondent.
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.
