OF KARNATAKA AT BENGALURU DATED THIS THE 5 TH DAY OF DECEMBER v. ANJARIA

Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka (BY SRI H. SUNIL KUMAR, ADVOCATE) AND:

1. THE PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT, AND PANCHAYATH RAJ M.S. BUILDING, 3RD FLOOR, 3RD GATE, BANGALORE - 560 001.

2. THE DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT KARWAR P.O. - 581 302. - 2 - NC: 2024:KHC:50265-DB WP No. 14505 of 2022

3. THE CHIEF ELECTION COMMISSIONER No.8, CUNNINGHAM ROAD BANGALORE - 560 052.

4. MR. VINOD GANAPATHI BHAT S/O. GANAPATHI NARAYANA BHAT AGED MAJOR R/AT KANAKANAHALLI, ANKOLA TALUK UTTARA KANNADA - 581 314. (BY SMT. NILOUFER AKBAR, AGA FOR R1, SRI V.H. SHREYAS, ADVOCATE FOR SMT. VAISHALI HEGDE, ADVOCATE FOR R-2 & 3, SRI B.J. MAHESH, ADVOCATE FOR R4) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE LETTER NO. RACHU 18 EGP 2021 DATED 04-03-2022 VIDE ANNEXURE-A ISSUED BY THE SECOND RESPONDENT & ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2024:KHC:50265-DB WP No. 14505 of 2022 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. H. Sunil Kumar petitioner, learned Additional Government Advocate Smt. Niloufer Akbar for respondent No.1, learned advocate Mr. V.H. Shreyas for learned advocate Smt. Vaishali Hegde for respondent Nos.2 and 3 and learned advocate Mr. B.J. Mahesh for respondent No.4.

2. The petitioner claiming to be a respectable citizen and public spirited person has filed this petition styling it as public interest litigation.

3. What is sought to be set aside by advancing a prayer is communication dated 04.03.2022 issued by respondent No.2 - the Deputy Commissioner, whereby the petitioner is intimated, in response to his complaint, that if any grievance remains about the - 4 - NC: 2024:KHC:50265-DB WP No. 14505 of 2022 filing of the nomination by the candidate concerned, the aggrieved person could file a case in the competent court. The petitioner responded to the said communication stating that he would file such case before the competent court.

3.1 The grievance in the petition is about nomination filed by private respondent No.4 who contested the grama panchayat elections of Dongri Gram Panchayat, Kanakanahalli, Uttara Kannada District in the year 2020, where the elections were held on 11.12.2020.

3.2 It is the case put forward that, in the nomination form filed by respondent No.4, he was suppose to declare his assets and liability as well as the details of any criminal proceedings pending against him. It was stated that criminal case was pending against respondent No.4 the Court of Senior Civil Judge and Principal Judicial Magistrate First Class, Yellapur which was C.C. No.181 of 2018.

3.3 Reliance was placed on Section 43(b)(4) of the Karnataka Grama Swaraj and Panchayath Raj Act, 1993 to submit that if a member does not file the declaration within the time without - 5 - NC: 2024:KHC:50265-DB WP No. 14505 of 2022 reasonable cause or the declaration is found to be false, such member/candidate shall be deemed to be guilty of misconduct and state election commission shall after giving an opportunity of hearing, remove him from membership and declare his seat as vacant.

3.4 It is on the basis of such premise of facts and pleadings, the aforesaid prayers are made. The further prayer is to consider the representation of the petitioner and direct respondent No.3 - the Chief Election Commissioner, Bengaluru to take action against respondent No.4.

4. While the contention of learned advocate for respondent No.3 - the Chief Election Commissioner is that it is open for the petitioner to file election petition after the elections are over.

4.1 Respondent No.4 has filed reply to state inter alia that the criminal case which was filed against him was in respect of the bouncing of cheques and complaint under Section 138 of the Negotiable Instruments Act, 1888 was lodged which was C.C. No.181 of 2018 before the Court concerned. It is stated that negotiations between the parties resulted in settlement. However, - 6 - NC: 2024:KHC:50265-DB WP No. 14505 of 2022 due to pandemic, the formal order on settlement could not be obtained from the Court. In the Lok Adalath held on 14.08.2021, it was stated, that the proceedings have been closed and the settlement is acted upon. It is also stated that the proceedings of C.C. No.181 of 2018 no more survives.

5. Apart from the above aspect which goes to the root of the case, the challenge to the nomination form or the complaint about the alleged defect therein would hardly be the subject matter of the public interest litigation. The aggrieved party in such cases has to opt the remedy of filing election petition against the candidate concerned whose nomination has been accepted and who may have been elected pursuant to that.

6. Essentially, the dispute raised in this petition is election dispute to be gone into only in accordance with statutory remedy provided in form of election petition.

7. Without expressing anything on merits, the petition is dismissed on the aforesaid ground alone. - 7 - NC: 2024:KHC:50265-DB WP No. 14505 of 2022 In view of dismissal of the petition, interlocutory application, as may be pending, would not survive and it stands accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE KPS List No.: 1 Sl No.: 121