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2022 Supreme(Online)(Kar) 58719
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE DAY 16TH OF SEPTEMBER, 2022
BEFORE
THE HON9BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.16321/2022 (LB-BMP)
CONNECTED WITH
WRIT PETITION NOS.14763/2022, 15397/2022, 15403/2022,
15436/2022, 15685/2022, 15808/2022, 15823/2022 (LB-ELE),
15827/2022, 15842/2022, 16849/2022, 17438/2022 (LB-ELE),
17556/2022, 18564/2022
IN WRIT PETITION NO.16321/2022:
BETWEEN:
1.
SRI. B.Z. ZAMEER AHMED KHAN
S/O ZAIULLA KHAN
AGED ABOUT 55 YEARS
R/AT NO.34, BENSON CROSS ROAD
BENSON TOWN
BENGALURU NORTH
BENGALURU-560046.
2.
SMT. SOWMYA REDDY
D/O RAMALINGA REDDY
AGED ABOUT 39 YEARS
R/AT NO.455/7, 15TH MAIN
LAKKASANDRA ADUGODI
BENGALURU SOUTH
BENGALURU-560 030.
...PETITIONERS
(BY SRI SANDEEP S. PATIL, ADVOCATE)
2
AND:
1.
STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
M.S. BUILDING
BENGALURU-560001
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2.
THE UNDER SECRETARY
URBAN DEVELOPMENT DEPARTMENT (BBMP-2)
VIKASA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
BENGALURU-560001.
3.
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R. SQUARE
BENGALURU-560002
REPRESENTED BY ITS COMMISSIONER.
4.
KARNATAKA STATE ELECTION COMMISSION
NO.8, 1ST FLOOR, KSCMF BUILDING
CUNNINGHAM ROAD
VASANTH NAGAR
BENGALURU-560 052
REPRESENTED BY ITS STATE ELECTION COMMISSIONER.
...RESPONDENTS
(BY SRI PRABHULING K. NAVADGI, A.G., A/W
SRI R. SRINIVAS GOWDA, AGA FOR R-1 & R-2;
SRI V. SREENIDHI, ADVOCATE FOR R-3;
SRI K.N. PHANINDRA, SENIOR COUNSEL FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R-4)
3
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED FINAL NOTIFICATION DATED 14.07.2022 BEARING
NO.UDD 66 BBS 2022, BENGALURU PASSED BY THE R2 - UNDER
SECRETARY, URBAN DEVELOPMENT DEPARTMENT (PRODUCED AS
ANNEXURE-A) AND ETC.
IN WRIT PETITION NO.14763/2022:
BETWEEN:
B.A. CHAITHRA ANIL
W/O. ANIL
AGED ABOUT 31 YEARS
MEMBER, GRAMA PANCHAYATH
RESIDING AT NO.407/9
B.M. KRISHNAPPA HOUSE
HOMMADEVANAHALLI VILLAGE
GOTTIGERE
BANGALORE-560 083.
...PETITIONER
(BY SRI K.R. SATHISH, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT
M.S. BUILDINGS
DR. AMBEDKAR VEEDHI
BANGALORE-560 001.
2.
STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF R.D.P.R.
M.S. BUILDINGS
DR. AMBEDKAR VEEDHI
BANGALORE-560 001.
4
3.
THE DIRECTOR
KARNATAKA MUNICIPAL ADMINISTRATION
9TH FLOOR, VISHWESHWARAIAH TOWER
DR. AMBEDKAR VEEDHI
BANGALORE-560 001.
4.
DODDATHUGUR GRAMA PANCHAYATH
REP. BY ITS PANCHAYATH DEVELOPMENT OFFICER
BEGUR HOBLI, BEGUR
BANGALORE SOUTH TALUK
BANGALORE-560 068.
5.
BRUHATH BENGALURU MAHANAGARA PALIKE
REP. BY ITS CHIEF COMMISSIONER
CORPORATION CIRCLE, N.R. SQUARE
BANGALORE-560 002.
6.
THE STATE ELECTION COMMISSION
CUNNIGHAM ROAD
BANGALORE-560 001
(IMPLEADED VIDE ORDER DATED 10.08.2022).
...RESPONDENTS
(BY SRI PRABHULING K. NAVADGI, A.G., A/W
SRI R. SRINIVAS GOWDA, AGA FOR R-1 TO R-3;
SRI M.S. DEVARAJU, ADVOCATE FOR R-4;
SRI V. SREENIDHI, ADVOCATE FOR R-5;
SRI K.N. PHANINDRA, SENIOR COUNSEL FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R-6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH FINAL
NOTIFICATION OF BBMP 243 WARDS DETERMINATION MARKED AT
ANNEXURE-G PUBLISHED IN VIJAYAKARNATKA NEWSPAPER DATED
15.7.2022 ISSUED BY THE R-1 AND GAZETTE NOTIFICATION
DATED 14.7.2022 MARKED AT ANNEXURE-G1 IN NO.NAAAEE66
BBS 2022 AND ETC.
5
IN WRIT PETITION NO.15397/2022:
BETWEEN:
1.
SRI D.B. SURESH
S/O D.N. BELLEGOWDA
AGED ABOUT 67 YEARS
R/AT NO.37, 2ND CROSS
ASHWATHAKATTE DASARAHALLI
H.A. FARM POST
BANGALORE-560 024.
2.
SRI M. ADINARAYANA
S/O MUNIYAPPA
AGED ABOUT 54 YEARS
R/AT NO.632, 21ST CROSS
NEAR BALAJI CONVENSION HALL
BHUVANESHWARI NAGAR
BANGALORE EAST, H.A. FARM POST
BANGALORE-560 024.
3.
SRI SAHAYARAJU S
S/O SIMON
AGED ABOUT 57 YEARS
R/AT NO.9, SAROVARA KALVARI HILLS
MAIN ROAD, ST. ANTHONY LAYOUT
MARYANNANA PALYA
BANGALORE NORTH TALUK
H.A. FARM POST, BANGALORE-560 024.
4.
SRI D.R. SHIVANNA GOWDA
S/O LATE SRIRAMAIAH
AGED ABOUT 74 YEARS
R/AT NO. 65
NEAR GOVERNMENT RATION DEPO
DASARAHALLI , H.A. FARM POST
BANGALORE-560 024.
6
5.
SRI CHANDRABABU
S/O LATE RAMAIAH
AGED ABOUT 63 YEARS
R/AT NO. 645, MAIN ROAD
BAZAR STREET
OPP. AKSHAYA BANDARA
K.R. PETE, MANDYA-571 426.
6.
SRI ABHISHEK B.M.
S/O MAHADEVA
AGED ABOUT 27 YEARS
R/AT NO.39, 2ND CROSS
NEAR GOVERNMENT SCHOOL
DASARAHALLI, BANGALORE NORTH TALUK
H.A. FARM POST
BANGALORE-560 024.
7.
SRI MUNEGOWDA
S/O LATE SONNAMARAPPA
AGED ABOUT 65 YEARS
R/O NEAR GOVERNMENT SCHOOL ROAD
DASARAHALLI
BANGALORE-560 024.
8.
SRI RAKESH KUMAR D C
AGED ABOUT 29 YEARS
S/O LATE CHANDRAHAS
R/O NEAR BELLEGOWDA CIRCLE
DASARAHALLI
BANGALORE-560 024.
9.
SRI SOLOMAN ANTHAPAP
S/O ANTHAPPA
AGED ABOUT 65 YEARS
NO.170, MARIYANNAPALYA
DASARAHALLI
BANGALORE-560 024.
7
10. SRI DOMINIC
S/O PRAKASHAPPA
AGED ABOUT 58 YEARS
R/O NO.260, ST. ANTHONY ROAD
MARIYANNAPALYA, DASARAHALLI
BANGALORE-560 024.
...PETITIONERS
(BY SRI PRAKASH SHETTY S., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BANGALORE-560 001.
2.
THE BRUHATH BANGALORE MAHANAGARA PALIKE
N.R. SQURE
BENGALURU-560 002
REP. BY ITS CHIEF COMMISSIONER.
3.
STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BANGALORE-560 001.
...RESPONDENTS
(BY SRI PRABHULING K. NAVADGI, A.G., A/W
SRI R. SRINIVAS GOWDA, AGA FOR R-1 & R-3;
SRI V. SREENIDHI, ADVOCATE FOR R-2)
8
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227
OF
THE
CONSTITUTION
OF
INDIA
PRAYING
TO
QUASH
THE
GAZETTE
NOTIFICATION
ANNEXURE-L
DATED
14.07.2022 NO.UDD66BBS2022 BANGALORE IN SO FAR AS WARDS
NO.7 TO 10 ISSUED BY THE R-1 AND ETC.
IN WRIT PETITION NO.15403/2022:
BETWEEN:
R. MUNIRAJU
S/O LATE RAMAPPA
AGED ABOUT 62 YEARS
R/AT ANNAPURNESHWARI NILAYA
PATTANDUR AGRAHARA
WHITE FIELD POST
BENGALURU-560 066.
...PETITIONER
(BY SRI SHIVASHANKAR K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
ROOM NO.436, 4TH FLOOR
VIKASA SOUDHA
BENGALURU-560 001
REP. BY SECRETARY.
2.
THE CHIEF SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT
ROOM NO.436, 4TH FLOOR
VIKASA SOUDHA
BENGALURU-560 001
REP. BY SECRETARY.
3.
THE COMMISSIONER OF
BRUHATH BENGALURU MAHANAGARA PALIKE
9
N.R. SQUARE, BENGALURU-560 027
REP. BY ITS AUTHORIZED PERSON.
...RESPONDENTS
(BY SRI PRABHULING K. NAVADGI, A.G., A/W
SRI R. SRINIVAS GOWDA, AGA FOR R-1 & R-2;
SRI V. SREENIDHI, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTIFICATION DATED 14.7.2022 ISSUED BY THE R-1 AND TO
DELETE THE PATTANDUR AGRAHARA VILLAGE FROM THE WAR
NO.105 BELTHUR WARD AND CONTINUED IN THE GARUDACHAR
PALYA WARD OR WHITEFIELD WARD VIDE ANNEXURE-A AND ETC.
IN WRIT PETITION NO.15436/2022:
BETWEEN:
1. B.N. MANJUNATHA REDDY
S/O LATE NARAYANA REDDY
AGED ABOUT 59 YEARS
R/AT NO.84/19, 1ST MAIN ROAD
6TH CROSS, MARUTHINAGAR
MADIWALA, BENGALURU-560 068.
2. SRI KRISHNEGOWDA C
S/O CHIKKANANJEGOWDA
AGED ABOUT 55 YEARS
R/A NO.2, 1ST MAIN ROAD
CHINNAPPA GARDEN
BENGALURU-560 046.
3. SRI N NAGARAJ
S/O LATE NARASARAJU
AGED ABOUT 63 YEARS
R/AT NO.793, 31ST CROSS
10
4TH T BLOCK, TILAK NAGAR
JAYANAGAR, BENGALURU-560 041.
4. SRI K C GOVARDHAN REDDY
S/O CHIKKABASHAPPA
AGED ABOUT 47 YEARS
R/A NO.147/C 12TH MAIN
3RD BLOCK, KORAMANGALA
BENGALURU-560 034.
...PETITIONERS
(BY SRI A.S. PONNANNA, SENIOR COUNSEL FOR
SRI SHATHABISH SHIVANNA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY THE CHIEF SECRETARY
VIDHANA SOUDHA
DR. B.R. AMBEDKAR ROAD
BANGALORE-560 001.
2.
THE STATE OF KARNATAKA
REPRESENTED BY THE UNDER SECRETARY
TO THE GOVERNMENT
DEPARTMENT OF URBAN DEVELOPMENT (BBMP-2)
VIKASA SOUDHA
DR. B.R. AMBEDKAR ROAD
BANGALORE-560 001.
3.
THE COMMISSIONER
BRUHATH BENGALURU MAHANAGARA PALIKE
N R SQUARE, CORPORATION CIRCLE
BENGALURU-560 002.
...RESPONDENTS
11
(BY SRI PRABHULING K. NAVADGI, A.G., A/W
SRI R. SRINIVAS GOWDA, AGA FOR R-1 & R-2;
SRI V. SREENIDHI, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227
OF
THE
CONSTITUTION
OF
INDIA
PRAYING
TO
QUASH THE IMPUGNED NOTIFICATION BEARING NO.UDD 66 BBS
2022, BENGALURU, DATED 14.07.2022 VIDE ANNEXURE-A PASSED
BY THE R-2 HEREIN, FINALIZING THE DELIMITATION OF WARDS
OF THE BRUHATH BENGALURU MAHANAGAR PALIKE AS BEING
WHOLLY
ARBITRARY,
UNREASONABLE
AND
UNSCIENTIFIC,
SMACKED WITH LEGAL AND FACTUAL MALAFIDES AND ETC.
IN WRIT PETITION NO 15685/2022:
BETWEEN:
1.
SHANTHINAGARA BLOCK CONGRESS COMMITTEE
REP. BY ITS PRESIDENT
K.NANDA KUMAR
S/O M. KRISHNAPPA
AGED ABOUT 52 YEARS
NO.8, 7TH 'A' CROSS, BAZAAR STREET
NEELSANDRA, BANGALORE-560 047.
2.
KORAMANGALA YOUTH WELFARE ASSOCIATIONS (R)
REP. BY ITS SECRETARY
SRI UMASHANKAR
AGED ABOUT 44 YEARS
NO.303, K H B COLONY
5TH BLOCK, KORAMANGALA
BENGALURU-560 095.
...PETITIONERS
12
(BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL FOR
SRI R. HEMANTH RAJ, ADVOCATE)
AND:
1.
THE UNDER SECRETARY TO THE GOVERNMENT
DEPARTMENT OF URBAN DEVELOPMENT(BBMP-2)
ROOM NO.436, 4TH FLOOR
VIKASA SOUDHA
BANGALORE-560 001.
2.
THE BRUHAT BENGALURU MAHANAGARA PALIKE
REPRESENTED BY ITS CHIEF COMMISSIONER
HUDSON CIRCLE, N.R.SQUARE
BENGALURU-560 002.
3.
THE PRINCIPAL SECRETARY
THE STATE OF KARNATAKA
VIDHANA SOUDHA
BENGALURU-560 001.
4.
THE KARNATAKA STATE ELECTION COMMISSION
REP. BY ITS SECRETARY, 2ND FLOOR
NO.16, BALLARI ROAD
SADASHIVANAGAR
BANGALORE-560 080.
(R-4 IMPLEADED VIDE COURT ORDER DATED 10.08.2022)
...RESPONDENTS
(BY SRI PRABHULING K. NAVADGI, A.G., A/W
SRI R. SRINIVAS GOWDA, AGA FOR R-1 & R-3;
SRI V. SREENIDHI, ADVOCATE FOR R-2;
SRI K.N. PHANINDRA, SENIOR COUNSEL FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R-4)
13
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227
OF
THE
CONSTITUTION
OF
INDIA
PRAYING
TO
QUASH THE IMPUGNED NOTIFICATION DATED 14.07.2022 ISSUED
BY THE R-1 WHICH IS PUBLISHED IN THE KARNATAKA STATE
GAZETTER AT PART NO.3 AT NO.387 VIDE ANNEXURE-D AND ETC.
IN WRIT PETITION NO.15808/2022:
BETWEEN:
S. ISMAIL ZABIULLA, ADVOCATE
AGED ABOUT 39 YEARS
NO 4/1, JOLLY MASJID ROAD
JOLLY MOHALLA, CHAMARAJPET
BANGALORE-560 053 AND ALSO
ADVOCATE OFFICE AT NO.19/1, 2ND FLOOR
NEPTUNE TOWERS, ALEXANDER STREET
LANGFORD TOWN, SHANTHINAGAR
BANGALORE-560 025.
...PETITIONER
(BY SRI ARAVIND KAMATH, SENIOR COUNSEL FOR
SRI SUBBA REDDY K.N., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY
URBAN DEVELOPMENT DEPARTMENT (B.B.M.P.2)
VIKASA SOUDHA, BANGALORE-560 001.
2.
THE DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
BANGALORE-560 001.
3.
THE DELIMITATION COMMISSION
CONSTITUTED BY THE STATE GOVERNMENT
14
FOR THE PURPOSE OF BBMP ELECTIONS
REPRESENTED BY ITS CHAIRPERSON
SRI TUSHAR GIRINATH IAS
PRESENTLY CHIEF COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE
N.R. SQUARE, BANGALORE-560 002.
4.
THE KARNATAKA STATE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY
2ND AND 3RD FLOOR
NO.16, BALLARI ROAD
SADASHIVANAGARA
BANGALORE-560 080.
...RESPONDENTS
(BY SRI PRABHULING K. NAVADGI, A.G., A/W
SRI R. SRINIVAS GOWDA, AGA FOR R-1 & R-2;
SRI V. SREENIDHI, ADVOCATE FOR R-3;
SRI K.N. PHANINDRA, SENIOR COUNSEL FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
DELIMITATION NOTIFICATION BEARING NO.NA.AA.EE.66 BBS
2022, BENGALURU ANENXURE-A DATED 14.07.2022 ISSUED BY R1
IN SO FAR AS THE CHAMARAJPETE ASSEMBLY CONSTITUENCY IS
CONCERNED AS THE SAME IS UNCONSTITUTIONAL AND VIOLATIVE
OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND ETC.
IN WRIT PETITION NO.15823/2022:
BETWEEN:
1. NAVEENA N
S/O NARAYANAPPA M
15
AGED ABOUT 35 YEARS
R/AT NO.755, KCDC ROAD
BBMP OFFICE, KUDLU, VINAYAKA
NAGARA, BANGALORE SOUTH
BENGALURU-560 068.
2. DASHARATH G
S/O GANGAPPA
AGED ABOUT 61 YEARS
R/AT NO.1899, 4TH CROSS
1ST MAIN ROAD, SOMASUNDARAPALYA
HSR LAYOUT, BENGALURU SOUTH
BENGALURU-560 102.
...PETITIONERS
(BY SRI ROHAN HOSMATH, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
URBAN DEPARTMENT DEVELOPMENT
AMBEDKAR BHEEDI, VIKAS SOUDHA
BENGALURU-560 001
REP. BY ITS UNDER SECRETARY.
2.
ADDITIONAL CHIEF SECRETARY
URBAN DEPARTMENT DEVELOPMENT
AMBEDKAR BHEEDHI, VIKAS SOUDHA
BENGALURU-560 001.
3.
JOINT SECRETARY, STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
AMBEDKAR BHEEDHI, VIKAS SOUDHA
BENGALURU-560 001.
16
4.
COMMISSIONER
BURHAT BENGALURU MAHANAGARA PALIKE
HUDSON CIRCLE, N.R.SQUARE
BENGALURU-560 002.
5.
KARNATAKA STATE ELECTION COMMISSION
KSCMF BUILDING, NO.8, 1ST FLOOR
CUNNINGHAM ROAD, VASANTH NAGAR
BENGALURU-560 052
REPRESENTED BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI PRABHULING K. NAVADGI, A.G., A/W
SRI R. SRINIVAS GOWDA, AGA FOR R-1 TO R-3;
SRI V. SREENIDHI, ADVOCATE FOR R-4;
SRI K.N. PHANINDRA, SENIOR COUNSEL FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, 1950 PRAYING TO QUASH THE
IMPUGNED NOTIFICATION BEARING NO.UDD 17 BBL 2020 (P-1)
(E) DATED 29.01.2021 ISSUED BY R3 PRODUCED HEREWITH AS
ANNEXURE-D TO THE PETITION AND ETC.
IN WRIT PETITION NO.15827/2022:
BETWEEN:
MR. S.D. GURURAJ
S/O MR. S.V. DAYANANDA
AGED ABOUT 38 YEARS
R/AT NO.80, 4TH CROSS
3RD MAIN ROAD, KSRTC LAYOUT
BENGALURU-560 061.
...PETITIONER
17
(BY SRI MANU PRABHAKAR KULKARNI,
POOVAYYA AND CO., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
VIDHANA SOUDHA
DR. AMBEDKAR ROAD
BENGALURU-560 001
REPRESENTED BY ITS CHIEF SECRETARY.
2.
STATE OF KARNATAKA
THROUGH THE DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA
DR. AMBEDKAR ROAD
BENGALURU-560 001
REPRESENTED BY ITS PRINCIPAL CHIEF SECRETARY.
3.
BRUHAT BENGALURU MAHANAGARA PALIKE
HAVING ITS HEAD OFFICE AT
N.R. SQUARE
BENGALURU-560 002
REPRESENTED BY ITS COMMISSIONER.
4.
THE KARNATAKA STATE ELECTION COMMISSION
NO.16, II AND III FLOOR
BELLARY ROAD, SADASHIVANAGAR
BENGALURU-560 080
REPRESENTED BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI PRABHULING K. NAVADGI, A.G., A/W
SRI R. SRINIVAS GOWDA, AGA FOR R-1 & R-2;
SRI V. SREENIDHI, ADVOCATE FOR R-3;
SRI K.N. PHANINDRA, SENIOR COUNSEL FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R-4)
18
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION
BEARING NO.UDD 66 BBS 2022, BENGALURU DATED 14.07.2022,
ISSUED
BY
THE
DEPARTMENT
OF
URBAN
DEVELOPMENT,
GOVERNMENT OF KARNATAKA - BBMP (AT ANNEXURE-A) AND ETC.
IN WRIT PETITION NO.15842/2022:
BETWEEN:
1. SRI. PRATISH KUMAR S.R
S/O S.P. RAGHURAMA REDDY
AGED ABOUT 43 YEARS
R/A 15, 1ST MAIN, 4TH CROSS
HOSUR MAIN ROAD
NEAR NEW GANESH TEMPLE
SINGASANDRA, ANEKAL
BENGALURU-560 068.
2. SMT. ANUPAMA S B
W/O PANCHAKSHARI
AGED ABOUT 46 YEARS
R/A 602, 2ND MAIN ROAD
NEAR LALITHA GAS AGENCY
KENGERI UPANAGARA, KENGERI
BENGALURU SOUTH
BENGALURU-560 060.
...PETITIONERS
(BY SRI SANDEEP S PATIL, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
19
M S BUILDING
BENGALURU-560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2.
THE UNDER SECRETARTY URBAN DEVELOPMENT
DEPARTMENT (BBMP-2)
VIKASA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
BENGALURU-560 001.
3.
BRUHAT BENGALURU MAHANAGARA PALIKE
N R SQUARE
BENGALURU-560 002
REPRESENTED BY ITS COMMISSIONER.
4.
STATE ELECTION COMMISSION KARNATAKA
NO.8, 1ST FLOOR, KSCMF BUILDING,
CUNNINGHAM ROAD, VASANTHANAGAR
BENGALURU-560 052
REP. BY ITS CHIEF ELECTION OFFICER.
(R-4 - IMPLEADED VIDE ORDER DATED 10.08.2022)
...RESPONDENTS
(BY SRI PRABHULING K. NAVADGI, A.G., A/W
SRI R. SRINIVAS GOWDA, AGA FOR R-1 & R-2;
SRI V. SREENIDHI, ADVOCATE FOR R-3;
SRI K.N. PHANINDRA, SENIOR COUNSEL FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227
OF
THE
CONSTITUTION
OF
INDIA,
PRAYING
TO
QUASH THE IMPUGNED FINAL NOTIFICATION DATED 14.7.2022
BEARING NO.UDD 66 BBS 2022, BENGALURU PASSED BY THE R-2
UNDER
SECRETARY
URBAN
DEVELOPMENT
DEPARTMENT
(PRODUCED AS ANNEXURE-A) AND ETC.
20
IN WRIT PETITION NO.16849/2022:
BETWEEN:
AJAY D
S/O DEVAKI KUMARI M C
AGED ABOUT 28 YEARS
NO.38, 1ST MAIN, 1ST CROSS
DEEPANJALI NAGAR
BANGALORE-26.
...PETITIONER
(BY SRI D.R. RAVISHANKAR, SENIOR COUNSEL FOR
SRI SARAVANA S., ADVOCATE)
AND:
1.
THE UNDER SECRETARY TO THE GOVERNMENT
DEPARTMENT OF URBAN DEVELOPMENT (BBMP-2)
4TH FLOOR, VIKASA SOUDHA
BANGALORE-560 001.
2.
THE STATE ELECTION COMMISSION
KSCMF BUILDING, ANNEXURE
NO.8, CUNNINGHAM ROAD
BENGALURU-560 052
REPT. BY ITS SECRETARY.
3.
THE CHIEF SECRETARY
STATE OF KARNATAKA
VIDHANA SOUDHA
BANGALORE-560 001.
4.
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R. SQUARE
21
BENGALURU-560 002
REPTD. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI PRABHULING K. NAVADGI, A.G., A/W
SRI R. SRINIVAS GOWDA, AGA FOR R-1 & R-3;
SRI V. SREENIDHI, ADVOCATE FOR R-2;
SRI K.N. PHANINDRA, SENIOR COUNSEL FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION
OF
INDIA,
PRAYING
TO
QUASH
THE
IMPUGNED
NOTIFICATION
BEARING
NO.UDD/66/BBS/2022, BENGALURU, DATED 14.07.2022, ISSUED
BY THE R-1 SO FAR AS THE NEWLY FORMED WARD NO.163 OF
VEERABHADRANAGAR, BENGALURU VIDE ANNEXURE-A AND ETC.
IN WRIT PETITION NO.17438/2022:
BETWEEN:
1.
SRI M. SATHISH REDDY
LEGISLATIVE ASSEMBLY MEMBER OF BOMMANAHALLI
CONSTITUENCY (MLA)
KARNATAKA STATE AND CHIEF WHIP OF BJP PARTY
AGED ABOUT 50 YEARS
S/O MUNI REDDY
R/A NO.123, BEGUR MAIN ROAD
HONGASANDRA, NEAR ANJANEYA TEMPLE
BENGALURU SOUTH, BOMMANAHALLI
BENGALURU-560 068.
2.
SMT. MADHURI
W/O KIRAN T S
AGED ABOUT 40 YEARS
R/A NO.50, 3RD CROSS
22
SATYA SAI LAYOUT, MALLSANDRA
BANGALORE SOUTH
BENGALURU-560 068.
3.
SRI VINAY
S/O J.S. ASHWATHA
AGED ABOUT 38 YEARS
R/A NO.37, SATYA SAI LAYOUT
AKSHAYANAGAR, BEGAURU
BENGALURU-560 068.
4.
SRI V SRINIVASA
S/O VENKATARAMANAPPA
AGED ABOUT 32 YEARS
R/A NO.6/6, AKKSHYA NAGARA
BEGUR, BANGALORE-560 068.
5.
WELFARE ASSOCIATION OF RESIDENTS OF
SATYSAI NAGAR LAYOUT, AKSHAYANAGAR
BEGUR POST, BANGALORE-560 068
REP. BY ITS SECRETARY
SRI RUDRAMUNI SWAMY HALIVANA MATH
(REGISTERED UNDER THE KARNATAKA SOCIETIES
REGISTRATION ACT 1960)
6.
SMT. A. NAGARATHNA
W/O V. ANANTHA RAMU
NO.5, CHANAKYA ROAD
C MAIN, 1ST CROSS, AKSHYA GARDEN
YELENAHALLI, BOMMANAHALLI
BENGALURU-560 068.
...PETITIONERS
(BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL FOR
SRI R. HEMANTH RAJ, ADVOCATE)
23
AND:
1.
THE UNDER SECRETARY TO THE GOVERNMENT
DEPARTMENT OF URBAN DEVELOPMENT (BBMP-2)
ROOM NO.436, 4TH FLOOR
VIKASA SOUDHA
BANGALORE-560 001.
2.
THE BRUHAT BENGALURU MAHANAGARA PALIKE
REPRESENTED BY ITS CHIEF COMMISSIONER
HUDSON CIRCLE, N.R. SQUARE
BENGALURU-560 002.
3.
THE PRINCIPAL SECRETARY
THE STATE OF KARNATAKA
VIDHANA SOUDHA
BENGALURU-560 001.
4.
THE DEPUTY COMMISSIONER AND
ADDITIONAL DISTRICT ELECTION OFFICER
BENGALURU URBAN DISTRICT
K.G. ROAD, BENGALURU-560 001.
5.
ADDITIONAL DISTRICT ELECTION OFFICER AND
DIVISIONAL JOINT COMMISSIONER (SOUTH)
BBMP OFFICE PREMISES
2ND BLOCK, JAYANAGARA
BENGALURU-560 041.
6.
THE CHIEF SECRETARY
THE STATE ELECTION COMMISSION
KCMF BUILDING, NO.8, CUNNINGHAM ROAD
BANGALORE.
(R-6 IMPLEADED VIDE COURT ORDER DATED 08.09.2022)
...RESPONDENTS
24
(BY SRI PRABHULING K. NAVADGI, A.G., A/W
SRI R. SRINIVAS GOWDA, AGA FOR R-1 & R-3;
SRI V. SREENIDHI, ADVOCATE FOR R-2;
SRI K.N. PHANINDRA, SENIOR COUNSEL FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R-4 TO R-6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227
OF
THE
CONSTITUTION
OF
INDIA,
PRAYING
TO
QUASH THE IMPUGNED NOTIFICATION BEARING NO.UDD 66 BB3
2022 DATED 14.07.2022 ISSUED BY THE R-1 WHICH IS
PUBLISHED IN THE KARNATAKA STATE GAZETTEER AT PART NO.3
PRODUCED VIDE ANNEXURE-G IN THE WRIT PETITION AND ETC.
IN WRIT PETITION NO.17556/2022:
BETWEEN:
1. SRI S.V. MAHESH
S/O VENKATESH REDDY S P
AGED ABOUT 38 YEARS
R/AT NO.261, 3RD CROSS
SINGASANDRA, NEAR GANESHA TEMPLE
SINGASINDRA
BENGALURU-560 100.
2. SRI V. PARAMESH
S/O C. VENKATASWAMY
AGED ABOUT 36 YEARS
R/AT NO.26, ROOPENA AGRAHARA
DINNE MANEGALU
NEAR NURSURY ROUND TABLE
BOMMANAHALLI, BENGALURU-560 068.
...PETITIONERS
(BY SRI SANDEEP S. PATIL, ADVOCATE)
25
AND:
1.
STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
M.S. BUILDING
BENGALURU-560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2.
THE UNDER SECRETARY
URBAN DEVELOPMENT DEPARTMENT (BBMP-2)
VIKASA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
BENGALURU-560 001.
3.
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R. SQUARE
BENGALURU-560 002
REPRESENTED BY ITS COMMISSIONER.
4.
KARNATAKA STATE ELECTION COMMISSION
NO.8, 1ST FLOOR, KSCMF BUILDING
CUNNINGHAM ROAD, VASANTH NAGAR
BENGALURU-560 052
REPRESENTED BY ITS STATE ELECTION COMMISSIONER.
...RESPONDENTS
(BY SRI PRABHULING K. NAVADGI, A.G., A/W
SRI R. SRINIVAS GOWDA, AGA FOR R-1 & R-2;
SRI V. SREENIDHI, ADVOCATE FOR R-3;
SRI K.N. PHANINDRA, SENIOR COUNSEL FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227
OF
THE
CONSTITUTION
OF
INDIA,
PRAYING
TO
QUASHING
THE
IMPUGNED
FINAL
NOTIFICATION
DATED
26
14.07.2022 BEARING NO.UDD 66 BBS 2022, BENGALURU PASSED
BY
THE
R2-UNDER
SECRETARY,
URBAN
DEVELOPMENT
DEPARTMENT (PRODUCED AS ANNEXURE-A) AND ETC.
IN WRIT PETITION NO.18564/2022:
BETWEEN
SHRI P MUNINARAYANAPPA
S/O LATE PUTTAIAH
AGED ABOUT 68 YEARS
RESIDING AT NO.16, 1ST MAIN
NELAGADARANAHALLI, NAGASANDRA POST
BENGALURU-560 073.
...PETITIONER
(BY SRI ANIRUDH A. KULKARNI, ADVOCATE FOR
SRI SAINATH D.M., ADVOCATE)
AND:
1 . STATE OF KARNATAKA
MINISTRY OF URBAN DEVELOPMENT
VIDHANA SOUDHA, BENGALURU-560 001
REPRESENTED BY PRINCIPAL SECRETARY.
2 . BRUHAT BENGALURU MAHANAGARA PALIKE
N R SQUARE, BENGALURU-560 002
REPRESENTED BY ITS CHIEF COMMISSIONER.
3 . ELECTION COMMISSION OF KARNATAKA
NO.16, 2ND AND 3RD FLOOR
BELLARY ROAD, SADASHIVANAGAR
BENGALURU-560 080
REPRESENTED BY ITS COMMISSIONER.
...RESPONDENTS
27
(BY SRI PRABHULING K. NAVADGI, A.G., A/W
SRI R. SRINIVAS GOWDA, AGA FOR R-1;
SRI V. SREENIDHI, ADVOCATE FOR R-2;
SRI K.N. PHANINDRA, SENIOR COUNSEL FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO QUASH
THE FINAL NOTIFICATION BEARING NO.UDD 66 BBS 2022 AT
ANNEXURE-B DATED 14.7.2022 AT PAGE NO.14-254 TO THIS
PETITION AND ETC.
THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY
HEARING IN 8B9 GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
The notification dated 14.7.2022 issued by the State of
Karnataka represented by its Under Secretary to the Department of
Urban Development (BBMP-2) in exercise of the power conferred
under Section 7 of the Bruhat Bengaluru Mahanagara Palike Act,
2020 (for short `Act, 2020') finalizing the delimitation of the wards
for the purpose of holding elections of councilors to Bruhat
Bengaluru Mahanagara Palike (for short `BBMP') is impugned in all
these writ petitions.
28
2.
The BBMP is the body constituted and was established
under the provisions of Karnataka Municipal Corporations Act, 1976.
The Bengaluru City originally comprised 198 wards, which was
determined under the Act, 1976. The election to the councilors of
the BBMP was held in September, 2020 and term of the councilors
was for a period of five years which expired on 10.9.2020. For
effective administration of the BBMP, the state government enacted
the Bruhat Bengaluru Mahanagara Palike Act, 2020, which came
into effect from 11.1.2020. Section 7(3)(a) of the Act, 2020
specifies that the Government shall by order determine the wards
into which the Corporation shall for the purpose of its election, be
divided into not less than 225 but more than 250 wards. Section 13
of the Act, 2020 specifies that the general election shall be held for
the purpose of constitution of new Corporation before the expiry of
duration of existing Corporation or on dissolution. Since the election
was not held as specified under Section 13 of the Act, 2020, the
Division Bench of this Court in WP No.10216/2020 directed the
State Government to publish the final notification of reservation
within two weeks from 22.9.2020 and the State Election
Commission was directed to hold election for councillors of BBMP
29
within the maximum period of six weeks from the date on which
final notification is published.
3.
The order passed by the Division Bench is challenged
by the State Government in SLP (Civil) No.1518/2020 and the
Hon'ble Supreme Court has issued certain directions to complete
the election process and the election process is monitored by the
Hon'ble Supreme Court. Thereafter, the impugned notification was
published and in the light of the order dated 17.8.2022 passed by
this Court, the petitioners sought clarification from the Hon'ble
Supreme Court. The Hon'ble Supreme Court vide order dated
26.8.2022 directed this Court to decide these writ petitions on
merits and pass interim or final orders in accordance with law.
In view of the said clarification, these petitions are
heard and taken up for final disposal.
WP No.17438/2022:
5.
The learned counsel appearing for the petitioners
submits that Hulimavu Ward No.239 falls within two assembly
constituencies viz: Bommanahalli Legislative Assembly constituency
30
and Bengaluru South constituency and the same is in violation of
Section
7(1)(b)
of
the
Act,
which
is
evident
from
the
communications
dated
8.8.2022
at
Annexure-N
and
dated
19.8.2022 at Annexure-O issued by the Additional District Election
Officer - 5th respondent. The learned counsel appearing for the
BBMP submits that the said communications have been rectified
and the information furnished is withdrawn.
As on the date of recommendation made by the
Commission constituted for Delimitation of the Wards, the term of
Committee had expired. Hence, the Delimitation Commission had
no authority to submit the report and the impugned notification
issued on the basis of the said report stands vitiated.
WP No.15827/2022:
7.
The notification dated February 15, 2014 issued by the
State Government setting out the guidelines for delimitation of
wards in urban local bodies under the Karnataka Municipal
Corporations Act, 1976 is not applicable since there is no
31
explanation to Section 21 of the Act, as is provided in Section 7 of
the Act, 2020.
WP No.15823/2022:
8.
The learned counsel appearing for the petitioners
submits that the 1st respondent, in exercise of power under Section
7 of the Act, 202
