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2024 Supreme(Online)(KAR) 11410
HIGH COURT OF KARNATAKA
MR JUSTICE RAVI V.HOSMANI, J
DR. SURESH S, S/O K.H. SHESHA NAIK – Appellant
Versus
DISTRICT ELECTION OFFICER AND – Respondent
WP 102054/2024
SRI GANAPATI M. BHAT, AGA FOR R2-R4; SRI MRUTYUNJAYA S. HALLIKERI, ADVOCATE FOR R1
Holding elections is a constitutional duty, and equitable distribution of election officials must be considered, especially when alternatives are available.
Headnote:(A) Constitution of India - Fundamental Duties - The writ petition sought to quash the inclusion of the petitioner as an Executive Magistrate in the flying squad for the Lok Sabha elections, citing increased responsibilities and potential disruption to educational activities.
(B) Election Duty - The court emphasized that holding elections is a constitutional duty, and the requisitioning of officials for election duty is not subject to routine adjudication.
(C) Equitable Distribution - The court noted the need for equitable distribution of election officials among institutions, highlighting that no extraordinary circumstances warranted interference at this stage.
(D)
Findings of Court:
The petitioner’s grievances about the lack of consideration for alternatives were acknowledged, but the court deemed it inappropriate to interfere given the proximity of the elections. (E)
Issues: The main issues addressed were the appropriateness of the petitioner’s inclusion in the flying squad and whether there was equitable distribution of election duties among staff. (F)
Ratio Decidendi: The court ruled that while holding elections is a fundamental duty, there must be equitable consideration of available staff, especially when alternatives are proposed. (G)
Result: Writ petition disposed of with directions for equitable distribution of election officials.
This writ petition is filed seeking for following relief:
- Writ in the nature of certiorari to quash Official MEMORANDUM in No.GEN/MP/ELN/CR-17/2023-24, dt:26/12/2023 issued by 1st respondent herein in so far as General Elections to Loksabha-2024:Constitution of flying Squad in so far as the name of petitioner at Sl.No.6 Legislative Assembly Constituency 78-Kumta, Honnavar Taluk Honnavar Hobli as Executive Magistrate vide Annexure-B and further quash CORRIGENDUM, dt:25/03/2024 in No.GEN/MP/ELN/CR- 17/2023-24 in so far as General Election to Loksabha- 2024: Constitution of Flying Squad in so far as which continued the name of petitioner at Sl.No.6 Legislative Assembly Constituency 78-Kumta, Honnavar Taluk Honnavar Hobli as Executive Magistrate issued by the district Election Commissioner, Uttara Kannada/1st Respondent herein vide Annexure-L.
2. Sri Ganapati M.Bhat, learned counsel for petitioner submitted that petitioner is working as Associate Professor and Head of Department of Physics in M.P.E. Societies, Shree Dharmasthala Manjunatheshwar Degree College of Arts, Science and Commerce, Honnavar. It was submitted that he is also Coordinator of I.Q.A.C. and a responsible officer to give periodical reports for purpose of assessment. It was submitted that during previous assembly elections, petitioner was requisitioned for election duty and was a member of flying squad. It was submitted that due to increased responsibilities of position, petitioner was manning, respondent no.3-Tahsildar issued notice on 13.10.2023 directing management of petitioner’s Institution to furnish information about teaching and non-teaching staff for purposes of utilizing services for Lok Sabha Elections 2024. The Principal of college by reply dated 18.10.2023 explained grievances that under New Education Policy and Karnataka University Notification, college will find it extremely difficult to spare staff and citing example of earlier elections, wherein they had spared staff, they had sought for exemption. However, District Election Officer-respondent no.1 issued official memorandum on 26.12.2023 including name of petitioner in flying squad. Thereafter, Principal of college had sought for modification by excluding petitioner from election duty on giving instances of his responsibilities. Thereafter, respondent no.3 had submitted change information as per Annexure-G on 13.02.2024, proposing to appoint one Sri Devidas Venkatesh Kumtakar, Lecturer, Government Junior College, Allanki, Honnaver. Despite said change report, name of petitioner continued in flying squad. It was submitted that in meanwhile, Karnataka University, Dharwad, issued notification of timetable for 2nd, 4th and 6th Semester Bachelor Degree examinations. It was submitted that election duty being for a period of 46 days, would occupy half academic session as per notification of University, thereby, severely affecting educational activities. It was submitted that there was no reason for respondents to have excluded proposed alternative name as per Annexure-G and continue name of petitioner and therefore, seeks for quashing of Annexure-B, dated 26.12.2023 and Annexure-L.
3. Sri Mrutyunjaya S. Hallikeri, learned counsel for respondents no.1 to 3 on other hand, submitted a memo producing documents. It was submitted that holding of election and performance of election duty was a constitutional duty and petitioner cannot shirk away from said duty. It was submitted that considering requirement and taking note of excellent work by petitioner as member of flying squad during assembly elections was one of considerations for utilizing his services. It was submitted petitioner had already taken charge of duty and was performing same. At this stage, with elections around corner, it would not be possible to consider petitioner’s grievances and in any case, same would not be available for adjudication before this Court.
4. Heard learned counsel for petitioner and perused writ petition record.
5. Indeed, h
