- 1 - NC: 2025:KHC-D:4331-DB WA No. 100197 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100197 OF 2022 (GM-RES) BETWEEN: SHRI HEMANTHAKUMAR S/O LAKSHMAPPA HAVARAGI AGE. 40 YEARS, OCC. ADVOCATE, R/O. A/P HAVARAGI, TQ. HUNAGUND, DIST. BAGALKOT. NOW R/AT #207, 3RD FLOOR, ROTSAN APARTMENT TRAINING COLLEGE ROAD, NEAR K.C. PARK, DHARWAD-580007. …APPELLANT (SRI. HEMNATHKUMAR L. HAVARAGI, PARTY-IN-PERSON) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. THE CHIEF ELECTION COMMISSIONER ELECTION COMMISSIONER OF INDIA, NIRVACHAN SADAN, ASHOK ROAD, NEW DELHI 110001. 3. THE UNDER SECRETARY ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOK ROAD, NEW DELHI 110001. 4. THE RETURNING OFFICER/IN CHARGE SECRETARY, KARNATAKA LEGISLATIVE ASSEMBLY/ BIENNIAL ELECTION TO KARNATAKA, LEGISLATIVE COUNCIL BY MLAS VIDHANA SOUDHA, BENGALURU 560001. 5. THE UNION OF INDIA REP/BY SECRETARY, NEW DELHI. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1; SRI. MRUTYUNJAY HALLIKERI, ADVOCATE FOR R2 TO R4; SRI. VENKATESH M. KHARVI, ADVOCATE FOR R5) Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4331-DB WA No. 100197 of 2022 THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET-ASIDE THE INTERIM ORDER DATED 19/05/2022 PASSED IN W.P.NO.101841/2022 BY THE SINGLE JUDGE OF THIS HON’BLE HIGH COURT AND THEREBY ALLOW THE WRIT APPEAL, IN THE INTEREST OF JUSTICE. THIS WRIT APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) 1. The appellant is before this Court aggrieved by order dated 19.5.2022 refusing to grant interim order of stay in WP No.101841/2022. 2. The appellant/party-in-person is absent. 3. The petitioner was before the writ Court with the following prayer and also interim prayer: PRAYER a) A writ in the nature of certiorari or any other writ to quash the impugned electoral dated Nil, bearing No.Nil published by the respondent No.4 vide Annexure-B and struck down the respondent No.4 working returning officer as state employee in election of State Legislative Council (by MLAs) as per calendar of events i.e. bad in law under Section 28-A - 3 - NC: 2025:KHC-D:4331-DB WA No. 100197 of 2022 and 29A of the Representation of People (amendment) Act, 1989 (Act No.1 of 1989). b) A writ in the nature of mandamus directing the respondents No2 to 4 to restricting 10 electoral shall not be signed as proposers in the nomination and further directing to respondent No.4 to hold an election to the State Legislative Council (by MLAs) without political parties and electoral as per calendar of events dated 10.5.2022. INTERIM PRAYER The petitioner respectfully submits that this Court may be pleased to grant an interim order by way of restricting 10 electoral shall be signed as proposers in the petitioners nomination paper and to restrict the political parties not to participate in the election to be held to State Legislative Council (by MLAs) as per calendar of events dated 10.5.2022. 4. The above relief sought relates to Biennial Election to the Karnataka Legislative Council by the members of Legislative Assembly (by MLAs) and calendar of events dated 10.5.2022. In terms of calendar of events, last date for filing nomination was 24.5.2022 and date of poll was 3.6.2022. The petitioner had sought interim order to file nomination to the biennial election to the Karnataka Legislative Council by the members of Legislative Assembly (by MLAs). Under impugned - 4 - NC: 2025:KHC-D:4331-DB WA No. 100197 of 2022 order, the learned Single Judge refused to grant interim order by recording reasons. 5. At this stage, consideration of interim prayer of the petitioner would not arise, since the process of election is completed by declaration of results on 3.6.2022 itself. Hence, writ appeal would not survive for consideration. Accordingly, writ appeal stands disposed off. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 24