IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 16168 OF 2017 (LB-RES)

BETWEEN:

MRS. P. KALAVATHI W/O PURUSHOTHAMA AGED ABOUT 43 YEARS RESIDING AT NO.2/58, BLOCK NO.2 OF C.M.C NEAR CHOWDESHWARI TEMPLE MAHADEVPET, MADIKERI TOWN KODAGU DISTRICT-571 201.

…PETITIONER (BY SRI. ARAVIND KAMATH K, ADVOCATE)

AND:

1. THE STATE ELECTION COMMISSION BEHIND K.S.C.M.F BUILDING NO.8, 1^ST FLOOR, CUNNIGHAM ROAD Digitally BANGALORE - 560 052.

signed by REPRESENTED BY ITS SUMA CHIEF ELECTORAL OFFICER Location:

HIGH COURT OF 2. MADIKERI CITY MUNICIPAL COUNCIL KARNATAKA MADIKERI - 571 201 REPRESENTED BY ITS PRESIDENT

3. THE DISTRICT COLLECTOR KODAGU DISTRICT MADIKERI - 571 215.

4. ASSISTANT COMMISSIONER MADIKERI SUB DIVISION KODAGU DISTRICT MADIKERI - 571 201.

5. THE TAHSILDAR MADIKERI TALUK MADIKERI - 571 201.

6. MRS. THAJASUM ARRA W/O ELIYAS D.L AGED ABOUT 40 YEARS RESIDING AT NO.7/51/3, HILL ROAD, MADIKERI TOWN MADIKERI DISTRICT - 571 201.

…RESPONDENTS (BY SMT. K.S. ANASUYADEVI, ADVOCATE FOR RESPONDENT NO.2;

SRI. B. BOPANNA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.3 TO 5;

SRI. SUNEEL S. NARAYAN, ADVOCATE FOR RESPONDENT NO.6;

RESPONDENT NO.1 IS SERVED AND UNREPRESENTED)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF QUO WARRANTO OUSTING THE RESPONDENT NO.6 FROM THE OFFICE OF COUNCILOR OF WARD NO.6 MADIKERI MUNICIPALITY AND DIRECT THE RESPONDENT NOS.1 AND 2 TO DECLARE THE PETITIONER AS HAVING BEEN ELECTED TO THE OFFICE OF THE COUNCILOR OF WARD NO.6 MADIKERI MUNICIPALITY.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has sought for a writ in the nature of quo warranto challenging the election of the respondent No.6 as a Councillor from Ward No.6 of the respondent No.2. She has also sought for a writ in the nature of mandamus to direct the respondent Nos.1 and 2 to declare the petitioner as having been elected.

2. It appears that the petitioner, who belongs to Devanga Community which falls in the BCM-A category, had contested the election to the post of Councillor in respect of Ward No.6 Mahadevpet of respondent No.2. Respondent No.6 had also contested to the said post claiming that she belonged to Muslim religion on the strength of a caste certificate issued by the respondent No.5. However, after a series of litigations, the caste certificate issued in favour of the respondent No.6 was annulled. The respondent No.6 has not challenged the same. It is based upon this that the petitioner has sought for a writ in the nature of quo warranto to declare that the respondent No.6 cannot continue as the Councillor from Ward No.6 of the respondent No.2. She has also sought for a direction to the respondent Nos.1 and 2 to declare her as a returned candidate to the office of the Councillor of Ward No.6 of the respondent No.2.

3. Since the term of the respondent No.6 - Councillor has expired, no useful purpose would be served in keeping this writ petition pending. Under the circumstances, the petition is dismissed as having become infructuous Sd/-

(R. NATARAJ)

JUDGE SMA List No.: 1 Sl No.: 6