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NC: 2023:KHC-K:5195

WP No. 201365 of 2023

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 11^TH DAY OF JULY, 2023

BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 201365 OF 2023 (LB-ELE)

BETWEEN:

MANIKYAPPA

S/O DODDA NARASAPPA

AGE. 41 YEARS,

OCC. AGRICULTURE AND CLASS-I

ELECTRICAL CONTRACTOR,

R/O CHNDRABANDA VILLAGE,

TQ AND DIST: RAICHUR 584101

... PETITIONER

(BY SRI. S S HALALLI., ADVOCATE)

AND:

1.

DASTAGIRI S/O THIMMAPPA D

AGE: 36 YEARS,

OCC. AGRICULTURE,

R/O CHANDRABANDA VILLAGE,

TQ: AND DIST: RAICHUR 584101

2 .

VENKATESH S/O MAHDEVA

AGE: 28 YEARS,

OCC. AGRICULTURE,

R/O CHANDRABANDA VILLAGE,

TQ AND DIST RAICHUR 584101

3.

HULIGEPPA

S/O RAJANNA

AGE. 46 YEARS,

OCC. AGRICULTURE,

R/O CHANDRABANDA VILLAGE,

TQ AND DIST RAICHUR 584101

R

Digitally signed

by B NAGAVENI

Location: HIGH

COURT OF

KARNATAKA

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NC: 2023:KHC-K:5195

WP No. 201365 of 2023

4 .

RETURNING OFFICER

GRAM PANCHAYAT,

CHANDRABAND -5

TQ AND DIST RAICHUR 584101

5 .

THE TALUKA ELECTION OFFICER

(TAHASILDAR)

RAICHUR,

DIST: RAICHUR-584101

… RESPONDENTS

(BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE FOR R1 TO R3;

SRI. VENKATESH C., MALLABAD., ADVOCATE FOR R4;

SMT. MAYA T.R., HCGP FOR R5)

THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF

CERTIORARI OR ANY OTHER ORDER IN THE LIKE NATURE QUASHING

THE IMPUGNED ORDER DATED 21.04.2023 IN ELECTION CASE

NO.02/2021 PASSED BY ADDL. SR. CIVIL JUDGE AND JMFC -I AT

RAICHUR, VIDE ANNEXURE-K, IN THE INTEREST OF JUSTICE AND

ETC.

THIS WRIT PETITION COMING ON FOR ORDERS AND HAVING

BEEN RESERVED FOR ORDERS ON 12.06.2023, THIS DAY, THE

COURT PRONOUNCED THE FOLLOWING:

ORDER

1.

The petitioner is before this Court seeking for the

following reliefs:

a. Issue a writ of Certiorari or any other order in the

like nature quashing the impugned order dated:

21.04.2023 in Election Case No.02/2021 passed

by Addl. Sr. Civil Judge and JMFC-I at Raichur,

vide Annexure-K, in the interest of justice.

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WP No. 201365 of 2023

b. To Pass any other order as this Hon’ble Court

deems fit under the facts and circumstances of

the case in the interest of justice and equity.

2.

The general election for Gram Panchayath was

notified on 30.11.2020 and held on 22.12.2020. The

petitioner had contested from the General Seat and

respondent No.1 contested for Gram Panchayati

Member of Chandrabanda-5 Gram Panchayati under

Schedule Tribe Reservation Seat/post. Respondents

No.2 and 3 had also contested in the said election.

3.

The results being declared on 30.12.2020, the

petitioner was declared as elected candidate from the

general seat. The respondent No.1 filed an Election

Petition in Election case No.2/2021 on 21.01.2021

before the Additional Senior Civil Judge and JMFC-I.,

Raichur (trial Court) on the ground that the

petitioner was holding an office of profit and alleging

that

the

petitioner

being

a

Class-I

Electrical

Contractor with GESCOM/KPTCL, the petitioner could

not have contested the election.

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WP No. 201365 of 2023

4.

The Election Petition having been allowed by the

impugned order dated 21.04.2023 declaring the

election of the petitioner as void, the petitioner is

before this Court.

5.

Sri.S.S.Halalli, learned counsel for the petitioner

submits that

5.1. The petitioner is not holding an office of profit in

terms of Section 12(g) of the Karnataka Gram

Swaraj and Panchayath Raj Act, 1993 (for

short, ‘the Act of 1993’) inasmuch as under

Section

12(h)

of

the

Act

of

1993,

the

disqualification is only as regards a candidate

who directly or indirectly has any contract or

employment with the Gram Panchayath. In