At, High Court of Karnataka
By, THE HONOURABLE MR. JUSTICE R. DEVDAS
For the Petitioner: K.B. Gopal, Advocate. For the Respondents: R1, R3 to R5, Prathima Honnapur, AGA, R2, Vaishali Hegde, Advocate.
(Prayer: This Writ Petition is filed Under Articles 226 & 227 of the Constitution of India praying to direct the R-5 to consider his representation dtd. 05.12.2020 vide Annexure-H and etc.)Order (Oral):1. The grievance of the petitioner is that his name has been left out from the voters list on a misunderstanding that the residence of the petitioner now falls within the jurisdiction of the Badravathi Municipal Corporation. In this regard, the petitioner made an application/petition dated 01.07.2020 and 21.11.2020, which has not been considered by the respondent-Electoral Registration Officer cum Tahsildar, Badravathi. However, the learned counsel for the petitioner draws the attention of this Court to an endorsement dated 05.12.2020 at Annexure-J. It is submitted that in terms of the said endorsement, the petitioner was assured that his petition is being considered and action will be taken in accordance with law.2. Nevertheless, till day, no action has been taken by respondent No.5 to include the name of the petitioner in the voters list.3. Learned AGA submits that as per the calendar of events today is the last date for filing of nomination. It is submitted that in terms of the endorsement dated 05.12.2020 issued by respondent No.5, in all probability the name of the petitioner may be included in voters list.4. Heard the learned counsel for the petitioner and learned AGA and perused the petition papers.5. The provisions under Section 23(3) of the Representation of the Peoples Act, 1950, provide that no amendment, transposition or deletion of any entry shall be made under section 22 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section, after the last date for making nominations for an election in that constituency. The same provision has been incorporated under Section 10(2) of the Gram Swaraj and Panchayat Raj Act, 1993.6. Nevertheless since an endorsement dated 05.12.2020 has already been issued by respondent No.5 stating that the petition/application of the petitioner will be considered and action will be taken in accordance with law, it was incumbent upon respondent No.5 to have passed orders on the application/petition made by the petitioner.7. Since today is last date for filing of the nomination, a direction shall be issued to respondent No.5 to either issue an endorsement giving reasons for rejection of the application or inform the petitioner that his name has been included in the voters list on consideration of the application made by the petitioner. Respondent No.5 is directed to take action forthwith in terms of the directions issued by this Cou
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rt.8. It is ordered accordingly. The matter stands disposed of.9. A copy of this order shall be furnished to the learned AGA and the learned counsel for petitioner so that the learned AGA could bring to the notice of respondent No.5 the direction issued, through e-mail or through fax immediately.