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

Company & Directors' Information:- RAJ CORPORATION LIMITED [Active] CIN = U74900UP2008PLC035742

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

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

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    Writ Petition No. 226883 of 2020 (LB-ELE)

    Decided On, 15 December 2020

    At, High Court of Karnataka Circuit Bench OF Kalaburagi


    For the Petitioners: Arunkumar Amargundappa, Advocate. For the Respondents: R1, R3 to R5, Shiuivakumar R. Tengli, AGA, R2, Amaresh S. Roja, Advocate.

Judgment Text

(Prayer: This Writ Petition is filed under Articles 226 of the Constitution of India praying to issue writ in the nature of mandamus directing the respondents to delete the names of the petitioners as well as other voters of Bheemaraj Camp of Gorebal Grama Panchayat produced at Annexure-C; and etc.)1. Heard.2. Shri Shivakumar R. Tengli, learned Additional Government Advocate is directed to take notice for Respondents No.1 & 3 to 5. Shri Amaresh S. Roja, learned counsel is directed to take notice for respondent No.2.3. Petitioners herein submitted that petitioners claim to be residents of Bheemaraj Camp, coming under Gorebal Gama Panchayat, Sindhnur Taluk, Raichur District. It is further stated in the writ petition that the petitioners are eligible to vote and contest for ensuing Grama Panchayat elections. It is further averred that respondents No.4 and 5, while preparing electoral roll, have deleted the names from the said electoral roll, without bifurcating the electoral Roll with regard to Gorebal village of Bheemaraj, and included the names in Ward No.8 of Gorebal Gram Panchayat. It is further stated that petitioners being voters and intend to contest election from Gorebal Gram Panchayat Ward No.9, and because of inclusion of their names in Warg No.8 of Gorebal Gram Panchayat electoral roll, their right to participate in the election is curtailed. It is further stated that calendar of events in respect of Gorebal village panchayat is issued, which is produced as Annexure-E, which stipulates that the last date for filing of nomination is on 16th December, 2020. In that view of the matter, petitioners herein claim that in identical situation, this Court in Writ Petition No.226813 of 2020 disposed of on 09th December, 2020 has allowed the writ petition. Hence, this writ petition.4. Shri Arunkumar Amaragundappa, learned counsel appearing for the petitioner submitted that as per calendar of events produced at Annexure-E, the last date for filing of nomination is 16th December, 2010 and in view of Section 10(2) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993, the names of the petitioners in the voters list be incorporated in the voters list of Gorebal Grama Panchayat Ward No.9.5. Shri Shivakumar R. Tengli, learned Additional Government Advocate has not disputed the fact with regard to disposal of matter involving similar issue by this Court on 09th December, 2020 made in Writ Petition No.226813 of 2020.6. Shri Amaresh S. Roja, learned counsel appearing for respondent No.2 submitted that the writ petition is liable to be dismissed on the ground of delay and laches, as the petitioners have approached this Court at the fag end of electioneering process, i.e. after issuance of the Notification dated 30th November, 2020 as per Annexure-E.7. Having considered the grounds urged in the writ petition as well as the facts and circumstances of the case, and in view of the fact that this Court, in identical situation, by its order dated 09th December, 2020 allowed Writ Petition No.226813 of 2020 on the ground that, aggrieved persons are entitled to seek change of voters list before the closure date of filing of nomination and in the instant case, the last date for filing of nomination to Gorebal Grama Panchayat is 16th December, 2020, as per Annexure-E. In that view of the matter, I pass the following:ORDER1. Writ petition is allowed;2. Writ of mandamus is issued to respondent No.5-Tahsildar, Sindhnur, to incorporate the names of petitioners as well as such other members in the voters list, as sought for i

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n the writ petition, since the last date for nomination is 16th December, 2020;3. Petitioners are permitted to apprise respondent No.5 herein along with the order passed by this Court;In the meanwhile, learned Additional Government Advocate as well as the learned counsel appearing for respondent No.2 to instruct the Tahsildar, Sindhanur over phone with regard to the order passed by this Court.