Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1302 WP No. 35038 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 35038 OF 2024 (LB-RES) BETWEEN:
1.
SRI ANJANA MURTHY SON OF HANUMANTHAIAH AGED ABOUT 50 YEARS ADDITIONAL COUNCILOR NELAMANGALA CITY MUNICIPAL COUNCIL R/AT NO.17, VAJARAHALLI, NELAMANGALA, BANGALORE RURAL DISTRICT.
2.
A S RAMAMURTHY SON OF R SRINIVAS AGED ABOUT 42 YEARS ADDITIONAL COUNCILOR NELAMANGALA CITY MUNICIPAL COUNCIL R/AT ADARSHANAGARA, ARASHINAKUNTE, NELAMANGALA, BANAGALORE RURAL DISTRICT.
3.
B N KRUPANANDA SON OF NAGARAJU AGED ABOUT 49 YEARS ADDITIONAL COUNCILOR NELAMANGALA CITY MUNICIPAL COUNCIL R/AT BASAVANAHALLI, NELAMANGALA BANGALORE RURAL DISTRICT.
4.
SRI. MUNIRAJU SON OF GANGAHANUMAIAH AGED ABOUT 46 YEARS ADDITIONAL COUNCILOR NELAMANGALA CITY MUNICIPAL COUNCIL
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:1302 WP No. 35038 of 2024
R/AT NO.21, KEMPALINGANAHALLI, NELAMANGALA, BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI. OJASWI., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY THE ADDL. CHIEF SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA, BENGALURU 560 001.
2.
THE DISTRICT COMMISSIONER BENGALURU RURAL DISTRICT DISTRICT ADMINISTRATION OFFICE CHAPPARADAKALLU, DEVANAHALLI ROAD DEVANAHALLI, BANGALORE RURAL.
3.
THE MUNICIPAL COMMISSIONER NELAMANGALA CITY MUNICIAPAL COUNCIL NELAMANGALA, BANGALORE RURAL 562 123. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R1 & R2;
SRI. A NAGARAJAPPA, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS AGAINST THE RESPONDENTS TO ACT ON THE REPRESENTATIONS OF THE PETITIONERS DATED 13.DEC.2024 MARKED AS ANNEXURE C SERIES TO CONDUCT ELECTIONS TO THE POSTS OF PRESIDENT AND VICE- PRESIDENT OF THE NELAMANGALA CITY MUNICIPAL COUNCIL WITHIN A TIME FRAME SPECIFIED BY THIS HONBLE COURT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
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NC: 2025:KHC:1302 WP No. 35038 of 2024
ORAL ORDER
1. The prayer in this writ petition is to direct respondents to conduct an election to the posts of President and Vice President of Nelamangala City Municipal Council.
2. The learned counsel for the petitioners places on record a communication dated 10.01.2025 whereby the Deputy Commissioner has directed the Assistant Commissioner to conduct an election to the post of Adhyaksha and Upa-Adhyaksha of Nelmangala City Municipal Council in accordance with the provisions of the Karnataka Municipalities (President and Vice President) Election Rules, 1965 and subsequent amended rules. In view of the above, the prayers in the writ petition as such would not survive for
consideration.
3. The learned counsel however points that no time limit has been prescribed and therefore, a time limit be prescribed for conducting election.
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NC: 2025:KHC:1302 WP No. 35038 of 2024
4. Since, the local authority cannot function without a President and Vice President, it would be incumbent on the concerned respondents to ensure that an election is conducted for the said posts within a period of four weeks from today.
5. The writ petition is accordingly disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
RK List No.: 1 Sl No.: 82