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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 01^ST DAY OF SEPTEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION NO.15759/2021 (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-561 203.

... PETITIONER

(BY SRI. NAVEEN J. N., ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA,

REPRESENTED BY ITS SECRETARY,

DEPARTMENT OF URBAN DEVELOPMENT,

VIKAS SOUDHA, DR. AMBEDKAR VEEDHI,

BENGALURU-560 001.

2.

THE STATE ELECTION COMMISSION,

NO.8, 1ST FLOOR,

KSCMF BUILDING ANNEX,

CUNNINGHAM RD,

VASANTH NAGAR,

BENGALURU-560 052,

BY ITS COMMISSIONER.

3.

THE DEPUTY COMMISSIONER,

BENGALURU RURAL DISTRICT,

BENGALURU-561 203.

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4.

THE ASSISTANT COMMISSIONER,

DODDABALLAPUR SUB DIVISION,

DODDABALLAPUR,

BENGALURU RURAL DISTRICT-561 203.

5.

THE TAHSILDAR,

DODDABALLAPUR,

BENGALURU RURAL DISTRICT-561 203.

6.

THE CITY MUNICIPAL COUNCIL,

DODDABALLAPUR,

REPRESENTED BY ITS

COMMISSIONER-561 203.

7.

THE RETURNING OFFICER,

WARD NO-11,

THE CITY MUNICIPAL COUNCIL,

DODDABALLAPUR,

BANGALORE RURAL DISTRICT-561 203.

... RESPONDENTS

(BY SMT. PRATHIMA HONNAPURA, AGA FOR

R-1, R-3 TO R-5 AND R-7;

SRI. K. N. SRINIVAS, ADVOCATE FOR R-6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH THE ENDORSEMENT ISSUED BY THE R-6 DTD

25.08.2021 VIDE ANNX-T AND ETC.,

THIS WRIT PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner has filed this writ petition calling in

question an endorsement dated 25.08.2021 rejecting his

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nomination

for

a

contest

in

the

elections

to

Doddaballapura City Municipal Council.

2.

Heard Sri. Naveen J. N., learned counsel

appearing for the petitioner, Smt. Prathima Honnapura,

learned AGA appearing for respondent Nos.1, 3 to 5 and

7, Sri. K. N. Srinivas, learned counsel appearing for

respondent No.6 and Smt. Vaishali Hedge, learned

counsel appearing for respondent No.2.

3.

The petitioner was before this Court in writ

petition No.13871/2021 wherein he had sought for a

direction to the respondents to conduct election to Ward

No.11 of the City Municipal Council, Doddaballapura

as per the Voter List of the Karnataka Legislative

Assembly, 2018. The writ petition was disposed by this

Court directing the respondents to consider the

representation of the petitioner, observing as follows:

"5. In reply, learned counsel appearing for the

petitioner would take this Court to Section 14 of

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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,

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 entry made after the

last date for making nomination for

the election to such ward and before

completion of such election.]

(2) The officer designated by the

[State Election Commission] in this behalf

in respect of a [municipal area] shall

maintain a list of voters for each [ward] of

such [municipal area].

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Explanation.-For the purpose of this

section, <electoral roll= shall mean an

electoral

roll

prepared

under

the

provisions of the Representation of the

People Act, 1950 (Central Act XLIII of

1950), for the time being n force.

(3) Every person whose names