DR K S RANGAPPA vs HON'BLE CHAIRMAN - 2022 Supreme(Online)(Kar) 50452

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2022 Supreme(Online)(Kar) 50452

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31^ST DAY OF MARCH, 2022
BEFORE

THE HON9BLE MR.JUSTICE P.KRISHNA BHAT

WRIT PETITION NO.27852/2016 (GM-RES)

BETWEEN:

DR. K. S. RANGAPPA,
S/O LATE SUBBEGOWDA,
AGED ABOUT 60 YEARS,
R/AT NO.227/9,
BHOGADI 2^ND STAGE,
MYSORE 3 570 026.

& PETITIONER

(BY SRI.CHANDRAKANTH R GOULAY, ADVOCATE)

AND

1.
HON9BLE CHAIRMAN,
KARNATAKA STATE
LEGISLATIVE COUNCIL,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU 3 560 001.

2.
KARNATAKA STATE LEGISLATIVE COUNCIL,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU 3 560 001.
REPRESENTED BY ITS SECRETARY.

2

3.
STATE OF KARNATAKA
DEPARMENT OF HIGHER EDUCATION,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU 3 560 001.
REPRESENTED BY ITS
CHIEF SECRETARY.

4.
G. MADHUSUDAN,
S/O LATE H. S. GOPALAKRISHNACHAR,
AGED ABOUT 56 YEARS,
R/AT KESARI, NO.2241, 5^TH CROSS,
BASAVESHWARA ROAD,
K.R. MOHALLA,
MYSORE 3 570 004.

&RESPONDENTS
(BY SRI.B.V.KRISHNA, AGA FOR R1 TO R3;
R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO DECLARE THAT THE CONSTITUTION OF PRIVILEGE
COMMITTEE HEADED BY THE R-4 AS ITS CHAIRMAN IS
ARBITRARY, ILLEGAL AND UNCONSTITUTIONAL; QUASH
THE COMMUNICATION/NOTICE DATED 29.4.2016 ISSUED
BY
THE
R-2
SECRETARY,
KARNATAKA
LEGISLATIVE
COUNCIL (PRODUCED AS ANNEXURE - A) AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:

In this writ petition, the petitioner has sought for

the following reliefs:

i. <Declare that the constitution of Privilege

Committee headed by the 4^th Respondent as

its

Chairman

arbitrary,

illegal

and

unconstitutional; and

ii. Issue a Writ of Certiorari quashing the

Communication/Notice bearing No. Nil dated

29.040.2016 issued by the 2^nd Respondent

Secretary, Karnataka Legislative Council; and

iii. Issue a Writ of Mandamus directing the 1^st

Respondent to consider the representation

bearing

No.VC/PER/04/2016-17

dated

09.04.2016 and the representation bearing

No.VC/PER/08/2016-17

dated

20.04.2016

made by the Petitioner.=

Learned Additional Government Advocate

submits that insofar as Annexure- A dated 29.04.2016

called in question in this proceedings is concerned, it

is only a notice issued to the petitioner to appear

before the Privilege Committee on 04.05.2016 and

therefore, the said notice has spent itself.

In regard to the other prayers, learned

Additional Government Advocate submits that the

Privilege Committee is appointed by the House and

therefore, any proceedings taken by the House is not

justiciable before this Court. He further submits that

even if on his first contention, this Court holds against

the respondents, the Privilege Committee has already

submitted its report dated 15.06.2016 and it was

placed before the Vidhana Parishath on 04.07.2016.

He, therefore, submits that this writ petition has

become infructuous as there is nothing more is

required to be done by the Privilege Committee.

Recording the said submission, this writ

petition is dismissed as having become infructuous.

Sd/-

JUDGE

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