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K. Narasimha & Another v/s The State of Karnataka by its Secretary, Department of Rural Development & Panchayatraj, Bengaluru & Others


Company & Directors' Information:- J J DEVELOPMENT PRIVATE LIMITED [Active] CIN = U50300WB1996PTC081491

Company & Directors' Information:- L N DEVELOPMENT LIMITED [Active] CIN = U70102ML1986PLC002590

Company & Directors' Information:- K K R DEVELOPMENT PVT LTD [Active] CIN = U70101WB1981PTC034258

Company & Directors' Information:- DEVELOPMENT CORPN PVT LTD [Active] CIN = U13209WB1939PTC009750

Company & Directors' Information:- S R RURAL INDIA DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U80302TN2005PTC058249

    Writ Petition No. 226813 of 2020 (LB-ELE)

    Decided On, 09 December 2020

    At, High Court of Karnataka Circuit Bench OF Kalaburagi

    By, THE HONOURABLE MR. JUSTICE E.S. INDIRESH

    For the Petitioners: Arunkumar Amargundappa, Advocate. For the Respondents: R1 & R3 to R5, Shivakumar R. Tengli, AGA, R2, P.S. Malipatil, Advocate.



Judgment Text

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India praying to issue writ of mandamus directing the respondents to delete the names of petitioners as well as other voters, (whose names were there in the electoral roll of Ward No.1), from electoral roll of Ward No.2 mentioned in Sl.No.1 to 279 of Maliyabad village of Mittimalkapur Grama Panchayat, Taluka and District Raichur vide Annexure-D1; consequently, direct the respondents to include the names of the petitioners and other voters in the electoral roll of Ward No.1 mentioned in Sl.No.1 to 279 of Maliyabad village of Mittimalkapur Gram Panchayat, Taluka and District Raichur vide Annexure-D1.)1. In this writ petition the petitioners are seeking deletion of names of petitioners as well as other voters, (whose names were there in the electoral roll of Ward No.1), from electoral roll of Ward No.2 mentioned in Sl.No.1 to 279 of Maliyabad village coming under Mittimalkapur Grama Panchayat, Taluka and District Raichur vide Annexure-D1; consequently, direct the respondents to include the names of the petitioners and other voters in the electoral roll of Ward No.1 mentioned in Sl.No.1 to 279 of Maliyabad village coming under Mittimalkapur Gram Panchayat, Taluka and District Raichur.2. Heard Sri Arunkumar Amargundappa, learned counsel for the petitioners, Sri Shivakumar R. Tengli, learned Additional Government Advocate appearing for respondent Nos.1 and 3 to 5; and Sri P.S.Malipatil, learned counsel appearing for respondent No.2.3. Perusal of the writ papers would indicate that the names of the petitioners have to be modified in the voters list of the Maliyabad village, Taluka and District Raichur.4. Section 10 (2) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993(hereinafter referred to as 'the Act') reads as under:"10(2) No amendment, transposition or deletion of any entry in the electoral roll of the Zilla Panchayat made after the last date of making nominations for an election in any Gram Panchayat constituency and before the completion of such election shall form part of the list of voters for such election for the purpose of this section."5. After considering the submissions made by the learned counsel for the petitioners and the learned Additional Government Advocate as well as Sri P.S. Malipatil, learned counsel for respondent No.2, the language employed in Section 10(2) of the Act, provides that the respondent No.5/Tahsildar is empowered to make amendment/transposition or deletion of any entry in the electoral roll of the Zilla Panchayat before last day of making nomination for election in any Gram Panchayat constituency. Section 10(3) of the said Act authorises the Tahasildar concerned to make necessary changes as referred to above.6. In that view of the matter, the grievance of the petitioners shall be considered by the respondent No.5 herein, at the earliest as the last date for making nomination to the Maliyabad Gram Panchayat is on 11.12.2020.7. In that view of the matter, following order is passed:i) Writ petition is allowed.ii) Writ of mandamus is issued to the respondent No.5 herein to incorporate the names of the petitioners as well as such other members in the voters list as sought for in this writ petition since, the nomination for the Gram P

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anchayat is yet to be taken up.iii) Petitioners are directed to apprise the respondent No.5 herein along with the order passed by this Court. In the meanwhile, learned Additional Government Advocate is directed to instruct the concerned Tahasildar over telephone with regard to the order passed by this Court. No other contentions have been raised by the petitioners.
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