1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF APRIL 2018

BEFORE

THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN

WRIT PETITION Nos.12338-12339/2018 (GM-RES)

BETWEEN :

1.

SRI C. N. BALAKRISHNA

S/O. NANJAPPA,

AGED ABOUT 50 YEARS,

HON’BLE MEMBER OF KARNATAKA

LEGISLATIVE ASSEMBLY,

NO.193, SHRNAVANABELAGOLA ASSEMBLY

CONSTITUENCY,

R/AT CHOLENAHALLI, ADAGURU POST,

KASABA HOBLI,

CHENNARAYAPATNA TALUK,

HASSAN DISTRICT.

2.

SRI B. B. NINGAIAH

S/O. BOMMAIAH,

AGED ABOUT 50 YEARS,

HON’BLE MEMBER OF KARNATAKA LEGISLATIVE

ASSEMBLY, NO.124-MUDIGERE (SC) ASSEMBLY

CONSTITUENCY,

RESIDING AT BETTEGERE VILLAGE AND POST,

BUDIGERE TALUK,

CHIKKAMAGALURU DISTRICT.

... PETITIONERS

(BY SRI UDAYA HOLLA, SR. ADVOCATE FOR

SRI USMAN P., ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

REPRESENTED BY ITS CHIEF SECRETARY,

VIDHANA SOUDHA,

BENGALURU-560 001.

R

2

2.

SECRETARY TO LEGISLATIVE ASSEMBLY &

RETURNING OFFICER,

ROOM NO.121,

VIDHANA SOUDHA,

BENGALURU-560 001.

3.

THE HON’BLE SPEAKER

KARNATAKA LEGISLATIVE ASSEMBLY,

VIDHANA SOUDHA,

BENGALURU-560 001.

4.

SRI B. Z. ZAMEER AHMED KHAN

S/O. LATE ZIAULLA KHAN,

AGED ABOUT 53 YEARS,

RESIDING AT NO.34, BENSON CROSS ROAD,

BENSON TOWN,

BENGALURU-560 046.

5.

SRI N. CHELUVARAYASWAMY

(SWAMYGOWDA),

S/O. LATE NARASIMHE GOWDA,

AGED ABOUT 58 YEARS,

RESIDING AT IJJALAGHATTA VILLAGE,

BRAHMADEVARAHALLI POST,

HONANKERE HOBLI,

NAGAMANGALA TALUK,

MANDYA TALUK.

6.

SRI A. B. RAMESHABANDISIDDEGOWDA

S/O. A. S. BANDISIDDEGOWDA,

AGED ABOUT 51 YEARS,

RESIDING AT AREKERE POST,

SRIRANGAPATTANA TALUK,

MANDYA DISTRICT-571 101.

7.

SRI H. C. BALAKRISHNA

S/O H. G. CHENNAPPA,

AGED ABOUT 53 YEARS,

RESIDING AT "AMMA",

NO.21(22), 1^ST CROSS, KHB COLONY,

1^ST STAGE, BASAWESHWARANAGAR,

BENGALURU-560 079.

3

8.

SRI AKHANDA SRINIVAS MURTHY R

S/O C. RAMAIAH,

AGED ABOUT 48 YEARS,

RESIDING AT NO.32,

PRESENT NO.E-19,

KAVALBYRASANDRA MAIN ROAD,

R. T. NAGAR,

SIDDHARTHA LAYOUT,

BENGALURU-560 032.

9.

SRI IQBAL ANSARI

S/O. S. M. ANSARI,

AGED ABOUT 56 YEARS,

RESIDING AT KOPPAL ROAD,

ISLAMPUR,

KOPPAL-583 227.

10.

SRI S. BHEEMANAIK

S/O. SAMYA NAIK,

AGED ABOUT 44 YEARS,

RESIDING AT 15/16,

RAJEEVNAGAR, 1^ST CROSS,

1^ST MAIN ROAD, HOSAPET,

BALLARI DISTRICT-583 201.

... RESPONDENTS

(BY SRI MADHUSUDHAN R. NAIK, ADV. GENERAL AND

SRI A. S. PONNANNA, AAG FOR R-1;

SRI ASHOK N. NAYAK, ADVOCATE FOR R-2;

SRI JAYAKUMAR S. PATIL, SR. ADVOCATE FOR

SRI ASHOK N. NAYAK, ADVOCATE FOR R-3;

SRI K. G. RAGHAVAN, SR. ADVOCATE FOR

SRI M. R. RAJAGOPAL, ADVOCATE FOR R-4,R-5,R-7 & R-8;

SRI DHYAN CHINNAPPA, SR. ADVOCATE FOR

SRI K. A. CHANDRASHEKAR, ADVOCATE FOR R-6;

SRI RAVI VERMA KUMAR, SR. ADVOCATE FOR

SRI S. RAJU, ADVOCATE FOR R-9;

SRI SHASHIKIRAN SHETTY, SR. ADVOCATE FOR

MS. FARAH FATHIMA, ADVOCATE FOR R-10)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES

226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE

A WRIT IN THE NATURE OF QUO WARRANTO TO THE

4

RESPONDENTS NO.4 TO 10, TO DEMIT THEIR OFFICE AS THE

MEMBERS OF THE 14^TH KARNATAKA LEGISLATIVE ASSEMBLY,

FORTHWITH,

AND DIRECT

THE

RESPONDENT

NO.3

TO

DISQUALIFY THE RESPONDENT NOS. 4 TO 10, AS MEMBERS

OF KARNATAKA LEGISLATIVE ASSEMBLY, WITH IMMEDIATE

EFFECT AND ETC.

THESE

PETITIONS

HAVING

BEEN

HEARD

AND

RESERVED FOR ORDERS ON 17.04.2018, AND COMING ON FOR

PRONOUNCEMENT

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

O R D E R

The petitioners have prayed for the following reliefs

from this Court:

A. Issue a writ in the nature of Quo

Warranto to respondent Nos. 4 to 10 to demit their

office as the Members of the 14th Karnataka

Legislative Assembly, forthwith.

B. Issue a writ in the nature of mandamus

directing the 3rd respondent to disqualify the

respondents 4 to 10 as Mem