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HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
KAMALAMMA AND ANR – Appellant
Versus
THE STATE OF KARNATAKA AND ORS – Respondent
WP/200017/2021
WP No.200017 OF 2021
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13th DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ
WRIT PETITION No. 200017 OF 2021 (LB-ELE)
Between:
1 .
KAMALAMMA D/O SAYANNA
AGE 61 YEARS,
OCC HOUSEHOLD,
R/O 112, K GUDADINNI (KHALSA)
TQ SIRWAR DIST
RAICHUR 584120
2 .
RAMESH S/O SAYANNA
AGE 36 YEARS,
OCC AGRICULTURE,
R/O 112, K GUDADINNI (KHALSA)
TQ SIRWAR
DIST RAICHUR 584120.
..PETITIONERS
(BY SRI.MAHANTESH PATIL, ADV.)
AND
1 .
THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF PANCHATAT RAJ
VIKAS SOUDHA
BANGALORE 560001
WP No.200017 OF 2021
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2 .
THE STATE ELCTION COMMISSION
REPRESENTED BY COMMISSIONER
NIRVACHANA NILYA
SHESHADRIPURAM BENGALURU 01
3 .
DEPUTY COMMISSIONER
RAICHUR DIST
RAICHUR 584101
4 .
THE ELECTION OFFICER
GRAM PANCHAYAT ELECTION
SIRWAR TALUK
DIST RAICHUR 584120
5 .
THE RETURNING OFFICER
K. GUDADINNI GRAM PANCHAYAT
SIRWAR TALUK,
DIST RAICHUR 584120
6 .
THE PRESIDENT OFFICER
K.GUDADINNI GRAM PANCHAYAT
SIRWAR TALUK
DIST RAICHUR 584120.
..RESPONDENTS
(BY SRI.SHIVAKUMAR R.TENGLI, AGA FOR R1, 3 AND 6;
SRI.AMARESH S.ROJA, ADV. FOR R2, 4 AND 5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED
ENDORSEMENT
DATED
30.12.2020
VIDE
ANNEXURE-D1
ISSUED
BY
THE
RETURNED
OFFICER/RESPONDENT No.5 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
WP No.200017 OF 2021
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ORDER
1.
Sri.Shivakumar R.Tengli, learned AGA accepts notice for
respondents No.1, 2 and 6. Sri.Amaresh S.Roja,
learned standing counsel accepts notice for respondent
No.2, 4 and 5.
2.
The petitioner is seeking for a certiorari to quash the
endorsement dated 30.12.2020 by respondent No.5, as
also a mandamus directing respondent No.5 to recount
the votes of Ward No.1 K.Gudadinni Gram Panchayat,
Sirwar Taluk, Raichur district by considering the
application dated 30.12.2020 vide Annexure-D.
3.
The petitioners are residents of K.Gudadinni village,
Ward No.1. The said grama panchayat consists of 16
seats constituting 14 wards. Ward No.1 consists of 3
seats, one seat reserved for Scheduled Caste, one seat
for general and one seat for general (women).
4.
Petitioner No.1 contested for the seat reserved for
general candidate as regards which petitioner No.2 was
WP No.200017 OF 2021
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1st petitioner’s agent. Elections being held in pursuance
of the notification dated 22.12.2020 though there are
971 votes, the persons voting were 724. When the said
votes were counted, it was found that 723 votes were
valid, out of which 1st petitioner secured 329 votes and
winning candidate secured 332 votes. In view thereof,
5th respondent-Returning Officer announced the results
at 12.45 pm, immediately thereafter 2nd petitioner
requested for recounting of the votes. However the
said request was refused. It is in this background, the
petitioner is before this Court challenging the refusal, as
also for a mandamus as afore stated.
5.
Sri.Mahantesh Patil, learned counsel for the petitioner
would submit that in terms of Rule 7 of Karnataka
Panchayat Raj (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
announcement being made, the candidate or in his
WP No.200017 OF 2021
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absence his election agent may apply to the Returning
Officer to recount the votes which can
