High Court of Karnataka Allows Writ Petitions for Inclusion in Electoral Roll and Nomination Filing in Local Body Election. Court Directs Respondents to Consider Petitioners' Application for Inclusion in Electoral List and Permit First Petitioner to Contest Sidaganahalli Constituency.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Prosecution
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Case Note & Summary

The petitioners, Smt. Lakshmidevi and Suresh C. R., residents of Chikkapannepalya, Hathri Post, Kasaba Hobli, Magadi Taluk, Ramanagara District, filed writ petitions under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. They sought a writ of mandamus directing the respondents, including the Chief Electoral Officer, Electoral Registration Officer, Deputy Commissioner, Assistant Commissioner, Tahasildhar, and Block Level Officer, to include their names in the electoral list as residents of Chikkappanni Palya Village within the Regional Electoral Constituency of Sidaganahalli, Magadi Taluk, Ramanagara District. Additionally, they sought permission for the first petitioner to file her nomination to contest for the forthcoming Sidaganahalli Regional Electoral Constituency. The court, presided over by Justice Raghvendra S. Chauhan, after hearing the petitioners' counsel Sri Subramanya S. and the respondents' counsel Sri A. K. Vasanth, AGA, issued an order directing the respondents to consider the petitioners' application for inclusion in the electoral roll and to permit the first petitioner to file her nomination. The court did not provide detailed reasoning but effectively granted the relief sought, emphasizing the petitioners' right to be included in the electoral roll if they are residents.

Headnote

A) Election Law - Electoral Roll - Inclusion of Names - Right to Vote - Petitioners sought inclusion of their names in the electoral list as residents of Chikkappanni Palya Village - Court directed respondents to consider the petitioners' application for inclusion in the electoral roll and to permit the first petitioner to file nomination for the forthcoming Sidaganahalli Regional Electoral Constituency - Held that the petitioners have a right to be included in the electoral roll if they are residents (Paras 1-3).

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Issue of Consideration

Whether the petitioners are entitled to be included in the electoral roll as residents of Chikkappanni Palya Village and to permit the first petitioner to file nomination for the Sidaganahalli Regional Electoral Constituency.

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Final Decision

The court directed the respondents to consider the petitioners' application for inclusion in the electoral roll and to permit the first petitioner to file her nomination for the forthcoming Sidaganahalli Regional Electoral Constituency.

Law Points

  • Right to vote
  • Right to contest elections
  • Electoral roll inclusion
  • Mandamus
  • Local body elections
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Case Details

2017 LawText (KAR) (02) 21

Writ Petition Nos.4411-4412/2017 (LB-ELE)

2017-02-01

Raghvendra S. Chauhan

Sri Subramanya S. for petitioners, Sri A. K. Vasanth, AGA for respondents

Smt. Lakshmidevi and Suresh C. R.

Chief Electoral Officer, Electoral Registration Officer, Deputy Commissioner, Assistant Commissioner, Tahasildhar, Block Level Officer

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Nature of Litigation

Writ petition seeking mandamus for inclusion in electoral roll and permission to file nomination for local body election.

Remedy Sought

Petitioners sought a writ of mandamus directing respondents to include their names in the electoral list as residents of Chikkappanni Palya Village and to permit the first petitioner to file nomination for the Sidaganahalli Regional Electoral Constituency.

Filing Reason

Petitioners' names were not included in the electoral roll, preventing them from voting and the first petitioner from contesting elections.

Issues

Whether the petitioners are entitled to be included in the electoral roll as residents of Chikkappanni Palya Village. Whether the first petitioner should be permitted to file nomination for the Sidaganahalli Regional Electoral Constituency.

Submissions/Arguments

Petitioners argued that they are permanent residents of Chikkapannepalya and entitled to be included in the electoral roll. Respondents opposed the petition, but the court directed them to consider the application.

Ratio Decidendi

The court held that the petitioners have a right to be included in the electoral roll if they are residents, and the respondents must consider their application and permit the first petitioner to file nomination.

Judgment Excerpts

The petitioners have made the following prayers before this Court : a) Issue a Writ of Mandamus directing the respondents to include the names of the petitioners in the electoral list as the residents of Chikkappanni Palya Village... b) Issue a Writ of Mandamus directing the respondents to permit the first petitioner to file her nomination to contest for the forthcoming Sidaganahalli Regional Electoral Constituency.

Procedural History

The writ petitions were filed on an unspecified date and came up for preliminary hearing on 1st February 2017, when the court issued the order.

Acts & Sections

  • Constitution of India: Articles 226, 227
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