W.P.No.200149/2021

1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 1^ST DAY OF FEBRUARY , 2021

BEFORE

THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

WRIT PETITION No.200149/2021 (LB-ELE)

Between:

1.

Aaron S/o Devaputra,

Age: 40 years, Occ: Agriculture,

R/o Idapnuru village,

Talujk & Dist: Raichur-584140.

2.

Abraham S/o Salman,

Age: 43 years, Occ: Agriculture,

R/o. Idapnuru village,

Taluk & Dist: Raichur-584140.

... Petitioners

(By Sri, Mahantesh Patil, Advocate)

And:

1.

The State of Karnataka,

Represented by its Secretary,

Department of Panchayat Raj

Vikas Soudha, Bengaluru-560001.

2.

The State Election Commission,

Represented by Commissioner,

Nirvachana Nilya,

Sheshadripuram, Bengaluru-01.

3.

Deputy Commissioner,

Raichur, Dist: Raichur-584101.

W.P.No.200149/2021

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4.

The Election Officer,

Gram Panchayat Election,

Raichur Taluk, Dist: Raichur-584120.

5.

The Returning Officer,

Idapnur Gram Panchayat,

Raichur Taluk, Dist-Raichur-584140.

6.

The Presiding Officer,

Idapnur Gram Panchayat,

Raichur Taluk, dist-Raichur-584140.

... Respondents

(By Sri.Mallikarjun Sahukar, HCGP for R1 & 3;

By Sri.Amaresh.S.Roja, Advocate for R2, 4 to 6)

This Writ Petition is filed under Article 226 and 227

of the Constitution of India praying to:

(a)

Issue a writ in nature of Mandamus or direction to

the respondent No.5 to recount the votes of Ward No.3

Idapanuru

Gram

Panchayat,

Raichur

Taluk,

District

Raichur, by considering the application dated30.12.2020

vide Annexure-D, in the interest of justice and equity.

(b)

Pass such other orders or directions as this Hon’ble

Court deems just and proper under the facts and

circumstances of the case and allow this Writ Petition, in

the interest of justice.

This petition coming on for preliminary hearing this

day, the Court made the following:-

W.P.No.200149/2021

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ORDER

1.

Petitioners

are

before

this

Court

seeking

for

mandamus, directing the respondent No.5 to recount

the votes of Ward No.3 Idapanuru Gram Panchayat,

Raichur Taluk, District Raichur, by considering the

application dated 30.12.2020.

2.

The petitioners residents of Idapanuru village Ward

No.3 of Idapanuru Gram Panchayat. The said Gram

Panchayat consists 16 seats of 5 Wards in Ward No.3

there are 3 seats. One seat reserved for SC, one for

general women and one for ST woman. The

petitioner No.1 had contested for the seat reserved

for SC candidate as regard which the petitioner No.2

stood as agent for the petitioner No.1. One Smt.

Padmavti W/o Paul also contested the said seat.

The elections were held as per the notification dated

30.12.2020. On the date of election, the Presiding

Officer has furnished the Form No.28 by specifically

W.P.No.200149/2021

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mentioning the total votes 779 and voted ballet

papers to be 725.

3.

Counting

of

the

ballot

papers

was

held

on

30.12.2020. The petitioner No.2 being the agent of

petitioner No.1 was personally present on the date of

counting, wherein the petitioner No.1 is stated to

have secured 280 votes and the opposite candidate

has secured 283 votes. Petitioner No.2 made a

request for recounting of the votes to the Returning

Officer

requesting

him

to

recount

the

votes

immediately

after

declaration

of

the

result.

Therefore, the petitioner No.2 made a written

representation to the Returning Officer requesting for

recount of the votes. The Returning Officer neither

replied to the said application nor carried out the

recount. It is for the reason that the petitioners are

before this Court.

W.P.No.200149/2021

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4.

Sri. Mahantesh Patil, learned counsel for the

petitioners would submit that in terms of Rule 71 of

Karnataka Panchayat Raj Act (Conduct of Election)

Rules, 1993 a Returning Officer is required to record

the result of the election in Form No.31 recording the

votes secured by each candidate and announce the

same, upon such an announcemen