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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF MARCH, 2021

BEFORE

THE HON9BLE MR.JUSTICE R DEVDAS

WRIT PETITION NO.6070 OF 2021(LB-ELE)

BETWEEN

1.

SMT.E.PUSHPA,

W/O SRI RAMANJANAYA

AGED ABOUT 32 YEARS,

RESIDENT OF HULLIKATTE VILLAGE,

CHALLAKERE TALUK,

CHITRADURGA DISTRICT-577522

2.

SRI.E.PRAKASHA,

S/O SRI.ERRAPPA,

AGED ABOUT 35 YEARS,

RESIDENT OF HULIKATTE VILLAGE,

CHALLAKERE TALUK,

CHITRADURGA DISTRICT-577522

&PETITIONERS

(BY SRI. CHANDRAKANTH R.GOULAY, ADVOCATE)

AND

1.

STATE OF KARNATAKA,

REP. BY ITS PRINCIPAL SECRETARY

DEPARTMENT OF RURAL DEVELOPMENT

AND PANCHAYATH RAJ

M.S.BUILDING,

BENGALURU-560001

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2.

THE ASSISTANT COMMISSIONER

CHITRADURGA DISTRICT,

CHITRADURGA -577522

3.

THE TAHSILDAR,

CHALLAKERE TALUK,

CHITRADURGA DISTRICT-577522

4.

THE RETURNING OFFICER,

ELECTION TO THE PARASURAMPUR

GRAMA PANCHATH

CHALLAKERE TALUK

CHITRADURGA DISTRICT-577522

5.

SRI.E.NAGARAJ,

MAJOR,

RESIDENT OF HULIKATTE VILLAGE,

CHALLAKERE TALUK

CHITRADURGA DISTRICT-577522

6.

SMT.S.MANJULA,

MAJOR

RESIDENT OF HULIKATTE VILLAGE,

CHALLAKERE TALUK,

CHITRADURGA DISTRICT-577522

&RESPONDENTS

(BY SMT.PRATHIMA HONNAPURA, AGA FOR R1 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL

FOR RELEVANT RECORDS PERTAINING TO THE BALLOT PAPERS,

OF THE ELECTION HELD ON 27.12.2020 IN SO FAR AS IT

RELATES

TO

HULIKATTE

VILLAGE,

7^TH

BLOCK

OF

PRASHURAMPUR GRAMA PANCHAYATH, CHALLAKERE TALUK,

CHITRADURGA DISTRICT AND ETC.

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THIS WRIT PETITION IS COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

R. DEVDAS J., (ORAL):

Learned AGA is directed to take notice for respondents

No.1 to 4.

The petitioners are candidates for the election held to the

post of Members of Parashurampura Grama Panchayat of

Challakere Taluk. The prayer made in the writ petition is to

declare the procedure of conduct of elections in particular the

manner of counting of votes by respondent No.4, as illegal, void

and in violation of Election Rules.

2.

As rightly submitted by the Learned AGA, the writ

petition is not maintainable since provision is made for filing an

election petition before designated Court in terms of Section 15

of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993

and the Rules of The Karnataka Panchayat Raj (Conduct of

Election) Rules, 1993.

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3.

Consequently, the writ petition stands dismissed

without notice to the other respondents.

Needless to observe that the petitioners are at liberty to

file election petition as stated above to redress their grievances.

SD/-

JUDGE

rv