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2024 Supreme(Online)(Kar) 37923
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14173 OF 2024 (GM-RES)
BETWEEN:
KRISHNA T N S/O T N NAGABHUSHANA RAO, AGED ABOUT 51 YEARS, R/A NUMBER 11, B SRINIVASA KRUPA, 3RD CROSS, SS PURAM TUMKUR KARNATAKA-572102.
…PETITIONER (BY SRI. SUNIL KUMAR S., ADVOCATE)
AND:
1. CHIEF ELECTION COMMISSIONER NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI—110001 Digitally 2. CHIEF ELECTORAL OFFICER signed by CENTRAL COLLEGE ELECTORAL OFFICES BHARATHI S CENTRAL COLLEGE SHESHADRI ROAD, Location:
BENGALURU KARNATAKA-560001 HIGH COURT OF KARNATAKA 3. RETURNING OFFICER DC OFFICE TUMKUR, TUMKUR-572101 …RESPONDENTS (BY SRI.SHARATH DODAWAD., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION FOR A WRIT OF MANDAMUS DIRECTING THE R-1, 2 AND 3 HEREIN TO FACILITATE VOTERS ON ELECTION DUTY MORE SPECIFICALLY THE PETITIONER HEREIN AMONG OTHERS TO EXERCISE THEIR CONSTITUTIONAL RIGHT IN THE 2024 LOKSABHA ELECTIONS BEFORE THE COUNTING DAY WHICH IS SCHEDULED ON 04TH JUNE TO VOTE IN A MANNER THAT THIS COURT DEEMS FIT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner seeks the following the reliefs:
“a) Appropriate writ, order or direction for a Writ of Mandamus directing the Respondent 1, 2 & 3 herein to facilitate Voters on Election Duty more specifically the Petitioner herein among others to exercise their Constitutional right in the 2024 Loksabha Elections before the counting day which is scheduled on 4th June to vote in a manner that this court deems fit.; b) Issue other directions and orders to the respondents within the facts and circumstances of this case in the interests of justice and equity.”
2. Learned counsel for the respondents has filed a memo enclosing a copy of the communication, dated 30.5.2024 addressed by the Returning Officer – third respondent to the Chief Electoral Officer – second respondent to the effect that postal ballet cannot be cannot be issued to the petitioner herein. The said communication reads as under:
“The Chief Electoral Officer, Karnataka, Nirvachana Nilaya Sheshadri Road, K.R. Circle, Bangalore -560001.
Sir, Sub: General Elections to Loksabha-2024, issuing of Postal Ballot – reg With reference to the above subject, All 8 Assembly Segments Polled EVM/VVPATs, Statuatory Papers and Polled Postal Ballot Trunks were Kept in Strong Rooms pertaining to 1-Tumkur Parliamentary constituency was duly sealed in presence of the Hon’ble General Observer, Superintendent of Police and Contesting Candidates/Election Agents on
26.04.2024.
As per the Guidelines of the Election Commission of India, the strong rooms will be opened only on Counting Day i.e. on 04.06.2024 at 07.30 P.M. for Counting of Votes, until then at any circumstances the strong rooms will not be opened.
Hence, it is submitted to your kind perusal that postal ballot cannot be issued to Sri. T.N. Krishna, Postal Assistant, S.S,Puram Post Office, Tumkur at this stage.
Your’s faithfully, Returning Officer, 19-Tumku Parliamentary Constitnuency, &
District Election Officer, Tumkur District
3. Learned counsel for the petitioner submits that the respondents have violated the guidelines at Annexure-F, dated 31.10.2023 and the Conduct of Election Rules, 1961, hence, necessary directions may be issued to the respondents in this regard.
4. By way of reply, learned counsel for the respondents submits that the respondents have complied with and will comply the guidelines at Annexure-F, dated 31.10.2023 and the Conduct of Election Rules, 1961 in all the elections that would be conducted in future and in accordance with law.
5. In view of the aforesaid facts and circumstances, nothing further survives for consideration in this petition and the same is accordingly, disposed off.
