- 1 - NC: 2025:KHC-D:1652 WP No. 100554 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100554 OF 2025 (LB-ELE) BETWEEN: SHRI. JYOTI MALLANNA S/O SHANTHAVEERAPPA AGE. 61 YEARS OCC. COUNCILLOR AND ADVOCATE R/O.H.NO.19, WARD NO.1 KOTE, HADAGALI, HUVINAHADAGALI TQ. HUVINAHADAGALI DIST. BALLARI-583219 …PETITIONER (BY SRI. ROSHAN SAHEB CHABBI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER AND THE DISTRICT ELECTION OFFICER VIJAYANAGAR DISTRICT HOSAPETE DIST. VIJAYANAGARA-583201 2. THE ASSISTANT COMMISSIONER HARAPANAHALLI SUB-DIVISION TQ. HARAPANAHALLI DIST. VIJAYANAGARA-583131 3. THE TAHASHILDAR AND ELECTION OFFICER TALUKA OFFICE HUVINAHADAGALI TQ. HUVINAHADAGALI DIST. VIJAYANAGARA-583219 …RESPONDENTS (BY SRI. V.S. KALASURMATH., AGA FOR R1 TO R3) ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1652 WP No. 100554 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE CALENDAR OF EVENTS AND ITS NOTICE DATED 22/01/2025 (RECEIVED BY THE PETITIONER ON 25/01/2025) BEARING NO.SAN/KAN/PUCHU/AA AND U/C.R/02/2024.25 VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 3. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue writ of Certiorari quashing the Calendar of events and its notice dated 22.01.2025 (received by the petitioner on 25.01.2025) bearing No. San/Kan/Puchu/AA&U/C.R./02/2024-25 vide Annexure-A; and b. Issue a writ of mandamus directing the Respondent No.3/the Tahasildar and Election officer, Huvinahadagalli, to notify the Petitioner about the Calendar of events of the election to the post of the ‘President and Vice-president’ of the Town Municipal Council, Huvinahadagalli, at least 7 days prior to the date of meeting of election, in the upcoming election, as is mandated under Rule 3 of the Karnataka Municipalities (President and Vice- - 3 - NC: 2025:KHC-D:1652 WP No. 100554 of 2025 president) Election Rules, 1965 vide Annexure-D; and/or c. Pass any other order(s) as this Hon’ble Court may deem fit in the interests of justice and equity. 3. The grievance of the petitioner is that seven clear days’ notice as required under Rule 3 of the Karnataka Municipalities (President and Vice- President) Election Rules, 1965 (for short, ‘the Rules’) has not been complied with inasmuch as notice though dated 22.1.2025 fixing the date of election on 30.1.2025 has been served on the petitioner only on 25.1.2025. 4. There is substance in the submission made by the learned counsel for the petitioner inasmuch as the requirement of issuing seven days’ notice in terms of Rule 3 of the Rules is mandatory in nature. The said mandatory provision not having been complied with, the notice dated 22.1.2025 served on 25.01.2025 falls foul of Rule 3 of the Rules. - 4 - NC: 2025:KHC-D:1652 WP No. 100554 of 2025 5. It would however have to be observed by this Court that the notice is dated 20.1.2025 and the elections are proposed to be held on 30.1.2025 at 11:00 am. It is very optimistic on part of respondent No.3 to assume that the notice would be served on all the Panchayat members within one day so as to give them seven days clear notice of the election. It would be well advised for the Tahsildar to issue the notice well in advance so that the notice could be served on all the Panchayat members a minimum of seven days prior to the date of election. 6. There is no harm or bar in giving a notice of more than seven days, but a notice of less than seven days will fall foul of Rule 3 of the Rules. Thus, the Tahsildar would be well advised to issue the notice in such a manner as providing minimum seven days the Tahsildar not being prevented or barred from issuing a notice of a larger time duration. In that view of the matter, I pass the following: - 5 - NC: 2025:KHC-D:1652 WP No. 100554 of 2025 ORDER i) The Writ Petition is allowed, a certiorari is issued. ii) Notice bearing No.SAN/KAN/PUCHU/AA&U/ C.R/02/2024.25 dated 22.1.2025 vide Annexure-A is quashed. iii) A mandamus is issued directing respondent No.3 to issue a fresh notice taking into consideration the above observations such that all members of the Panchayat are served with minimum seven days’ notice prior to the date of election. iv) The learned AGA is directed to inform the Tahsildar about the above order. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS/List No.: 1 Sl No.: 39