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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 04^TH DAY OF AUGUST, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.13871/2021 (LB -ELE)

BETWEEN

SRI. D.R. DRVUVAKUMAR

S/O. D.H. RAMACHANDRAPPA

AGED ABOUT 55 YEARS

RESIDING AT

WARD NO.-11, KARENAHALLI

DODDABALLAPUR TOWN

BANGALORE RURAL DISTRICT 3 561 203

... PETITIONER

[BY SRI. NAVEEN J.N., ADVOCATE

(PHYSICAL HEARING)]

AND

1.

THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

DEPARTMENT OF URBAN DEVELOPMENT

VIKAS SOUDHA, DR. AMBEDKAR VEEDHI

BENGALURU 3 560 001.

2.

THE STATE ELECTION COMMISSION

NO.8, 1^ST FLOOR

KSCMF BUILDING ANNEX

CUNNINGHAM ROAD

VASANTH NAGAR

BENGALURU 3 560 052

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3.

THE DEPUTY COMMISSIONER

BENGALURU RURAL DISTRICT

BENGALURU 3 561 203

4.

THE ASSISTANT COMMISSIONER

DODDABALLAPUR SUB DIVISION,

DODDABALLAPUR,

BENGALURU RURAL DISTRICT 3 561 203.

5.

THE TAHSILDAR,

DODDABALLAPUR,

BENGALURU RURAL DISTRICT 3 561 203.

6.

THE CITY MUNICIPAL COUNCIL,

DODDABALLAPUR,

REPRESENTED BY ITS

COMMISSIONER 3 561 203.

... RESPONDENTS

[BY SMT. PRATHIMA HONNAPURA, AGA

FOR R1, 3, 4 AND 5

(PHYSICAL HEARING);

SRI. K.N. SRINIVASA, ADVOCATE FOR R6

(PHYSICAL HEARING)]

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

DIRECT THE RESPONDENTS TO CONDUCT ELECTIONS TO

WARD

NO.11

OF

CITY

MUNICIPAL

COUNCIL

DODDABALLAPUR

AS

PER

THE

VOTER

LIST

OF

KARNATAKA LEGISLATIVE ASSEMBLY 2018 AS PER

ANNEXURE-B TO THE W.P. BY CONSIDERING THE

REPRESENTATION DATED 9.4.2021 OF THE PETITIIONER

MARKED AT ANNEXURE-K AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

The petitioner who claims to be a resident of Ward

No.11 in Karenahalli, Doddaballaura Town, Bengaluru

Rural District has knocked the doors of this Court

seeking a direction by issuance of a writ in the nature of

mandamus to conduct elections to Ward No.11 of the

City Municipal Council, Doddaballapura as per the

voters list of Karnataka Legislative Assembly 2018.

2.

Heard Sri. Naveen J.N., learned counsel

appearing for the petitioner, Smt. Prathima Honnapura,

learned Additional Government Advocate appearing for

respondent Nos.1, 3 to 5 and Sri. K.N. Srinivasa,

learned counsel appearing for respondent No.6 and

perused the material on record.

3.

Learned counsel appearing for the petitioner

would submit that in terms of the voters list notified for

the Karnataka Legislative Assembly elections of Ward

No.11 at Karenahalli village contained 3,253 voters.

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Now by the present notification dated 06.04.2021, the

number of voters in Karenahalli is reduced to 953 and

finally, a figure of 1,010 are declared to be voters in

Karenahalli.

4.

The learned Additional Government Advocate

appearing for respondent Nos.1, 3 to 5 would submit

that the voters list is yet to be finalized as additions and

deletions will happen upto the date on which the

nominations are received and there is warrant to the

petitioner to knock the doors of this Court at this

juncture.

5.

In reply, learned counsel appearing for the

petitioner would take this Court to Section 14 of the

Karnataka Municipalities Act, 1964 (hereinafter referred

to as 8the said Act9 for short), which reads as follows:

<<14. List of voters.-[(1) The list of

voters of the municipal council shall be

prepared subject to the superintendence,

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direction and control of the State Election

Commission:

Provided that the electoral roll of

the Karnataka Legislative Assembly for

the time being in force for such part of

the municipal area as is included in any

ward may be adopted for the purpose of

preparation of list of voters of the

municipal council for such ward:

Provided further that the list of

voters for such ward of the municipal

council

shall

not

include

any

amendment, transposition, inclusion or

deletion of