IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14TH DAY OF FEBRUARY 2020

BEFORE

THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

WRIT PETITION No.53765/2018 (LB-ELE)

Between:

Banuprakash, Aged about 38 years, S/o A. Beerappa, Rajendranagar, Mysooru – 570 001. … Petitioner

(By Sri Vinay Keerthy, Advocate)

And:

• 1. State Election Commission, Cubbon Park, Bengaluru – 560 001, Represented by its Commissioner.
• 2. The Election Officer & Commissioner, Mysooru Mahanagara Palike, Mysooru – 570 001.
• 3. The Secretary, Dept. of Urban Development Dept. Government of Karnataka, Vikasa Soudha, Vidhana Veedhi, Bengaluru – 560 001.
• 4. Arif Hussain, Aged about 55 years, S/o Late H. Ahmed Hussain, #112, 5th Main, Subhashnagar, Mysooru – 570 001.
• 5. Tanveer Ahmed, Aged about 35 years, S/o Mohammed Ismail, # 308, Bada Makana, Tippu Circle, Bengalooru Road, Mysooru – 570 001.
• 6. Wajid Khan, Aged about 45 years, S/o Late Hameed Khan, # 99, Bada Makana, Tippu Circle, Bengalooru Road, Mysooru – 570 001.
• 7. R.C. Raju, Aged about 52 years, S/o Ramachandrappa, # 145, 7th Cross, Rajendranagar, Mysooru – 570 001.
• 8. K. Ramasevaka, Aged about 50 years, S/o Srinivasa, # 95, 3rd Cross, Rajendranagar, Mysooru – 570 001. … Respondents

(By Smt. Prathima Honnapura, AGA for R3)

This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the impugned gazette notification dated 05.10.2018 (Sl. No.16) in as much as declaration of the R-4 as winning candidate of Ward – 16, Subhashnagar of Mysooru Mahanagara Palike is concerned (Annexure-G) and etc.

This Writ Petition coming on for preliminary hearing this day, the Court made the following:

ORDER

The petitioner stated to have contested for the election of Mysuru Mahanagara Palike from Ward-16, Subhashnagar has sought to challenge the election of respondent No.4.

2. The allegations that are made out is that there have been corrupt practices adopted by respondent No.4 and it is alleged that a number of invalid voters have been inserted illegally in the Voters List of Ward-16, Subhashnagar by showing the address as that of respondent No.4 though they were residents elsewhere and ineligible to have been registered as

voters. Various other grounds are also sought to be made out.

3. However, noting that the instances of corrupt practices as sought to be made out being densely factual in nature the same ought to have raised by way of an Election Petition under Section 33 of the Karnataka Municipal Corporations Act, 1976 ('the Act' for brevity).

4. In light of extinguishment of the remedy to file a petition under Section 33 of the Act, the petitioner has knocked the doors of this Court. However, it ought to be noted that the declaration of election was on 05.10.2018 and the present petition though filed in November 2018 has been moved for consideration belatedly.

5. Taking note of the nature of factual enquiry that requires to be conducted, this Court refuses to exercise jurisdiction under Article 226 of the Constitution of India as the case that is made out is one that ought to have been raised by way of an Election Petition, which is a statutory appellate remedy.

This petition is accordingly disposed off.

Sd/- JUDGE

VGR