IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE S.G.PANDIT

WRIT PETITION NO.1611/2021 (LB-ELE)

BETWEEN:

1. SRI K R THIMMEGOWDA

S/O SRI RAMAIAH

AGED ABOUT 40 YEARS

2. SMT. PADMA KRISHNAPPA

W/O SRI KRISHNAPPA

AGED ABOUT 48 YEARS

3. SMT. BHAGYAMMA ESHWARACHARI

W/O SRI ESHWARACHARI

AGED ABOUT 48 YEARS

4. SMT. MUNILAKSHMAMMA PARASHURAM

W/O SRI PARASHURAM

AGED ABOUT 32 YEARS

ALL THE PETITIONERS ARE

R/AT MARASANDRA VILLAGE

WARD NO.2, DODDA TUMKUR POST

YELAHANKA TALUK

BENGALURU NORTH

BENGALURU URBAN

DISTRICT-561203.

...PETITIONERS

(BY SRI.KASHINATH J D, ADV.)

2

AND:

1. MS. SWATHI S

D/O SAMPATH KUMAR

AGED ABOUT 22 YEARS

R/AT MARASANDRA VILLAGE

WARD NO.2, DODDA TUMKUR POST

YELAHANKA TALUK

BENGALURU NORTH

BENGALURU URBAN

DISTRICT-561203.

2. THE DISTRICT ELECTION OFFICER

AND THE DEPUTY COMMISSIONER

BENGALURU URBAN DISTRICT

KANDAYA BHAVAN, K G ROAD

BENGALURU-560009.

3. THE TAHSILDAR

AND TALUK ELECTION OFFICER

YELAHANKA

BENGALURU NORTH TALUK

BENGALURU URBAN

DISTRICT-560064.

4. SRI KUMARASWAMY

RETURNING OFFICER

HEAD MASTER KAKOLU

ARAKERE PANCHAYATH

YELAHANKA TALUK

BENGALURU URBAN

DISTRICT-560064.

5. THE PRESIDING OFFICER

P S NO.59, AMANI MARASANDRA

WARD NO.2

YELAHANKA TALUK

BENGALURU URBAN

DISTRICT-560064.

3

6. SRI C MANJUNATH

S/O LATE CHANNABASAVARAJ

AGED ABOUT 38 YEARS

7. SMT. VEDAVATHI DEVARAJ

W/O C DEVARAJ

AGED ABOUT 35 YEARS

8. SMT. B BHAGYA NAGESH

W/O NAGESH

AGED ABOUT 34 YEARS

9. SMT. NANDINI HARISH

W/O HARISH

AGED ABOUT 34 YEARS

10. SMT. NAGARATHNA

W/O DEVENDRA

AGED ABOUT 42 YEARS

11. SMT. RATHNAMMA S

W/O ANJANAMURTHY,

AGED ABOUT 25 YEARS

12. SMT. AKKAMAHADEVI

W/O SRI NYANACHAR

AGED ABOUT 48 YEARS

RESPONDENT NO.6 TO 12 ARE

R/AT MARASANDRA VILLAGE

WARD NO.2, DODDA TUMKUR POST

YELAHANKA TALUK

BENGALURU NORTH

BENGALURU URBAN

DISTRICT-561203.

13. SRI GANGARAJU K B

S/O LATE BETTEGOWDA

AGED ABOUT 45 YEARS

4

R/AT KADATHANAMALE VILLAGE

ARAKERE POST AND

PANCHAYATH

YELAHANKA TALUK

BENGALURU URBAN

DISTRICT-560064.

14. SMT. NAGAVENI

W/O GOPAL

AGED ABOUT 36 YEARS

R/AT MARASANDRA VILLAGE

WARD NO.2

DODDA TUMKUR POST

YELAHANKA TALUK

BENGALURU NORTH

BENGALURU URBAN

DISTRICT-561203.

…RESPONDENTS

(BY SRI.M SHIVAPRAKASH, ADV. FOR R1

SRI. K.R. NITYANANDA, HCGP FOR R2 & R3

R4, R6 TO R14 NOTICE D/W V/O DT:27.01.2021)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED ORDER DATED 20.01.2021 PASSED ON I.A.NO.II

FILED IN E.P.NO.3/21 PENDING ON THE FILE OF IV ADDITIONAL

SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT AT

BENGALURU AS PER ANNEXURE-A AS ILLEGAL AND VOID AB

INITIO.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING:-

5

O R D E R

Petitioners are before this Court under Articles 226 and

227 of the Constitution of India, assailing the order dated

20.01.2021 passed on I.A.No.II filed in E.P.No.3/2021 on the

file of IV Additional Senior Civil Judge, Bengaluru Rural

District, Bengaluru (Annexure-A) by which, respondents No.5

to 8 therein (petitioners herein) are temporarily restrained

from participating in the election to be held for the office of

Adhyaksha and Upadhyaksha of Arakere Gram Panchayat,

Yelahanka Taluk/Bengaluru North Taluk, Bengaluru, until

further orders.

2.

The petitioners are respondents No.5 to 8 and first

respondent is the petitioner in Election Petition No.3/2021 on

the file of the Principal Senior Civil Judge, Bengaluru Rural

District, Bengaluru.

6

3.

The parties would be referred to as they stand before

the trial Court/Designated Court.

4.

Even though the writ petition is listed for orders, with

the consent of the learned counsel for the parties, the matter

is taken up for fin