- 1 - HC-KAR NC: 2025:KHC:32918-DB WA No. 1646 of 2024 C/W WA No. 1644 of 2024 WA No. 1658 of 2024 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1646 OF 2024 (GM-TEN) C/W WRIT APPEAL NO. 1644 OF 2024 (GM-TEN) WRIT APPEAL NO. 1658 OF 2024 (GM-TEN) WRIT APPEAL NO. 1662 OF 2024 (GM-RES) WRIT APPEAL NO. 1696 OF 2024 (GM-RES) WRIT APPEAL NO. 373 OF 2025 (GM-RES) IN WA No. 1646/2024 BETWEEN: 1. THE ADDITIONAL DISTRICT ELECTION OFFICER (CENTRAL), BBMP, N R SQUARE, BANGALORE-560 002. 2. THE CHIEF COMMISSIONER, BBMP, BBMP HEAD OFFICE, N R SQUARE, BANGALORE-560 002. 3. THE ASSISTANT COMMISSIONER (ELECTION), BBMP, N R SQUARE, BANGALORE-560 002. 4. THE JOINT COMMISSIONER, BBMP, 18TH CROSS, NEAR KEB OFFICE, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGARA, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32918-DB WA No. 1646 of 2024 C/W WA No. 1644 of 2024 WA No. 1658 of 2024 AND 3 OTHERS BANGALORE-560 098. …APPELLANTS (BY SRI VIKRAM HUILGOL, SENIOR ADVOCATE A/W MS. RAMYASHREE.M.N, ADVOCATE) AND: 1. M/S DREAMS OF FOUNTAINS PVT. LTD., FORMERLY M/S DAP HOMBALE PVT. LTD., OFFICE: #261/1, 2ND MAIN, 17TH CROSS, BEHIND SHEKAR NURSING HOME, MALLESHWARAM, BANGALORE-560 003. REP. BY SHRUTHI B (DIRECTOR). 2. THE RETURNING OFFICER (RO), 154 - RAJARAJESHWARI NAGARA CONSTITUENCY, BBMP, 18TH CROSS, NEAR KEB OFFICE, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560 098. 3. THE ELECTORAL REGISTRATION OFFICER (ERO), 154 - RAJARAJESHWARI NAGARA CONSTITUENCY, BBMP, 18TH CROSS, NEAR KEB OFFICE, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560 098. 4. THE CHIEF ELECTION COMMISSIONER, ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110 001. 5. THE CHIEF ELECTORAL OFFICER, KARNATAKA, NIRVACHANA NILAYA, SHESADRI ROAD, AMBEDKAR VEEDHI, BANGALORE-560 001. …RESPONDENTS (BY SRI PRITHVEESH.M., ADVOCATE FOR C/R-1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO i. ALLOW THIS APPEAL AND, CONSEQUENTLY ii. SET ASIDE THE ORDER DATED 28.08.2024 PASSED BY THE SINGLE JUDGE IN WP No. 54 OF 2024 ETC. - 3 - HC-KAR NC: 2025:KHC:32918-DB WA No. 1646 of 2024 C/W WA No. 1644 of 2024 WA No. 1658 of 2024 AND 3 OTHERS IN WA NO. 1644/2024 BETWEEN: 1. THE ADDITIONAL DISTRICT ELECTION OFFICER/ JOINT COMMISSIONER (NORTH), BBMP, WHITEFIELD MAIN ROAD, OPP. PHOENIX MARKET CITY, RHB COLONY, MAHADEVAPURA, BANGALORE-560 048. 2. THE CHIEF COMMISSIONER, BBMP, BBMP HEAD OFFICE, N R SQUARE, BANGALORE-560 002. 3. THE RETURNING OFFICER (RO), 151-K R PURAM CONSTITUENCY, CMC BUILDING, OLD MADRAS ROAD, K R PURAM, BANGALORE-560 036. 4. THE ELECTORAL REGISTRATION OFFICER (ERO), 151-K R PURAM CONSTUENCY, CMC BUILDING, OLD MADRAS ROAD, K.R.PURAM, BANGALORE-560 036. ...APPELLANTS (BY SRI VIKRAM HUILGOL, SENIOR ADVOCATE A/W MS. RAMYASHREE.M.N, ADVOCATE) AND: 1. M/S DREAMS OF FOUNTAINS PVT. LTD., FORMERLY: M/S DAP HOMBALE PVT. LTD., OFFICE AT #261/1, 2ND MAIN, 17TH CROSS, BEHIND SHEKAR NURSING HOME, MALLESHWARAM, BANGALORE-560 003. REP. BY SHRUTHI B (DIRECTOR). 2. THE RETURNING OFFICER (RO), 156- MAHALAKSHMI LAYOUT CONSTITUENCY, NO.02, GROUND FLOOR, 12TH CROSS, 11TH MAIN ROAD, WEST OF CHORD ROAD, 2ND STAGE, MAHALAKSHMIPURAM, BANGALORE-560 086. - 4 - HC-KAR NC: 2025:KHC:32918-DB WA No. 1646 of 2024 C/W WA No. 1644 of 2024 WA No. 1658 of 2024 AND 3 OTHERS 3. THE ELECTORAL REGISTRATION OFFICER (ERO), NO.02, GROUND FLOOR, 12TH CROSS, 11TH MAIN ROAD, WEST OF CHORD ROAD, 2ND STAGE, MAHALAKSHMIPURAM, BANGALORE-560 086. 4. THE CHIEF ELECTION COMMISSIONER, ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110 001. 5. THE CHIEF ELECTORAL OFFICER, KARNATAKA, NIRVACHANA NILAYA, SHESADRI ROAD, AMBEDKAR VEEDHI, BANGALORE-560 001. ...RESPONDENTS (BY SRI PRITHVEESH.M.K, ADVOATE FOR C/R-1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO I. ALLOW THIS APPEAL AND, CONSEQUENTLY ii. SET ASIDE THE ORDER DATED 28.08.2024 PASSED BY THE SINGLE JUDGE IN WP No. 464 OF 2024 ETC. IN WA NO. 1658/2024 BETWEEN: 1. THE ADDITIONAL DISTRICT ELECTION OFFICER (CENTRAL) BBMP, N R SQUARE, BANGALORE-560 002. 2. THE CHIEF COMMISSIONER, BBMP, BBMP HEAD OFFICE, N R SQUARE, BANGALORE-560 002. 3. THE RETURNING OFFICER (RO), 162 - SHIVAJI NAGARA CONSTITUENCY, BBMP OFFICE, QUEENS ROAD, BANGALORE-560 052. 4. THE ELECTORAL REGISTRATION OFFICER (ERO), 162 - SHIVAJI NAGARA CONSTITUENCY, BBMP OFFICE, QUEENS ROAD, - 5 - HC-KAR NC: 2025:KHC:32918-DB WA No. 1646 of 2024 C/W WA No. 1644 of 2024 WA No. 1658 of 2024 AND 3 OTHERS BANGALORE-560 052 ...APPELLANTS (BY SRI VIKRAM HUILGOL, SENIOR ADVOCATE A/W MS. RAMYASHREE.M.N, ADVOCATE) AND: 1. M/S DREAMS OF FOUNDAINS PVT. LTD., FORMERLY: M/S DAP HOMBALE PVT. LTD., OFFICE AT #261/1, 2ND MAIN, 17TH CROSS, BEHIND SHEKAR NURSING HOME, MALLESHWARAM, BANGALORE-560 003, REP. BY SHRUTHI B (DIRECTOR). 2. THE EXECUTIVE ENGINEER, 162 - SHIVAJI NAGARA CONSTITUENCY, BBMP OFFICE, QUEENS ROAD, BANGALORE-560 052. 3. THE CHIEF ELECTION COMMISSIONER, ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110 001. 4. THE CHIEF ELECTORAL OFFICER, KARNATAKA, NIRVACHANA NILAYA, SHESADRI ROAD, AMBEDKAR VEEDHI, BANGALORE-560 001. ...RESPONDENTS (BY SRI PRITHVEESH.M.K, ADVOCATE FOR C/R-1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO i) ALLOW THIS APPEAL AND CONSEQUENTLY ii) SET ASIDE THE ORDER DATED 28.08.2024 PASSE BY THE SINGLE JUDGE IN WP No-460/2024 ETC. IN WA NO. 1662/2024 BETWEEN: 1. THE ADDITIONAL DISTRICT ELECTION OFFICER (CENTRAL), BBMP, N R SQUARE, BANGALORE - 560 002. - 6 - HC-KAR NC: 2025:KHC:32918-DB WA No. 1646 of 2024 C/W WA No. 1644 of 2024 WA No. 1658 of 2024 AND 3 OTHERS 2. THE CHIEF COMMISSIONER, BBMP, BBMP HEAD OFFICE, N R SQUARE, BANGALORE - 560 002. 3. THE ASSISTANT COMMISSIONER (ELECTION), BBMP, N R SQUARE, BANGALORE - 560 002. 4. THE JOINT COMMISIONER, BBMP 18TH CROSS, NEAR KEB OFFICE, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGARA, BANGALORE - 560 098. ...APPELLANTS (BY SRI VIKRAM HUILGOL, SENIOR ADVOCATE A/W MS. RAMYASHREE.M.N, ADVOCATE) AND: 1. M/S KEMPEGOWDA GROUPS AND SERVICES, OFFICE NO. #82/13, 'E' BLOCK, 15TH CROSS, VAYYALIKAVAL, PG HALLI, MALLESHWARAM, BANGALORE - 560 003. REP. BY KEMPEGOWDA K (PROPRIETOR). 2. THE RETURNING OFFICER (RO), 154 - RAJARAJESHWARI NAGARA CONSTITUENCY, BBMP, 18TH CROSS, NEAR KEB OFFICE, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE - 560 098. 3. THE ELECTORAL REGISTRATION OFFICER (ERO), 154 - RAJARAJESHWARI NAGARA CONSTITUENCY, BBMP, 18TH CROSS, NEAR KEB OFFICE, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE - 560 098. 4. THE CHIEF ELECTION COMMISSIONER ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI - 110 001. - 7 - HC-KAR NC: 2025:KHC:32918-DB WA No. 1646 of 2024 C/W WA No. 1644 of 2024 WA No. 1658 of 2024 AND 3 OTHERS 5. THE CHIEF ELECTORAL OFFICER, KARNATAKA, NIRVACHANA NILAYA, SHESADRI ROAD, AMBEDKAR VEEDHI, BANGALORE - 560 001. ...RESPONDENTS (BY SRI PRITHVEESH.M.K, ADVOCATE FOR C/R-1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO i. ALLOW THIS APPEAL AND, CONSEQUENTLY ii. SET ASIDE THE ORDER DATED 28.08.2024 PASSED BY THE SINGLE JUDGE IN WP No. 112 OF 2024 AND iii. GRANT SUCH OTHER AND FURTHER RELIEFs AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT IN THE INTEREST OF JUSTICE AND EQUITY. IN WA NO. 1696/2024 BETWEEN: 1. THE ADDITIONAL DISTRICT ELECTION OFFICER (CENTRAL), BBMP, N R SQUARE, BANGALORE-560 002. 2. THE CHIEF COMMISSIONER, BBMP, BBMP HEAD OFFICE, N R SQUARE, BANGALORE-560 002. 3. THE ASSISTANT COMMISSIONER (ELECTION) BBMP, N R SQUARE, BANGALORE-560 002. 4. THE JOINT COMMISSIONER, BBMP 18TH CROSS, NEAR KEB OFFICE, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGARA, BANGALORE-560098 ...APPELLANTS (BY SRI VIKRAM HUILGOL, SENIOR ADVOCATE A/W MS. RAMYASHREE M.N, ADVOCATE) AND: 1. M/S KRISHNAPPA RAVIKUMAR CONTRACTOR, FORMERLY: M/S DIGITAL SAMEEKSHA, OFFICE NO. #261/1, 2ND MAIN, 17TH CROSS, - 8 - HC-KAR NC: 2025:KHC:32918-DB WA No. 1646 of 2024 C/W WA No. 1644 of 2024 WA No. 1658 of 2024 AND 3 OTHERS BEHIND SHEKAR NURSING HOME, MALLESHWARAM, BANGALORE-560 003. REP. BY RAVIKUMAR K (PROPRIETOR). 2. THE RETURNING OFFICER (RO), 154 - RAJARAJESHWARI NAGARA CONSTITUENCY, BBMP, 18TH CROSS, NEAR KEB OFFICE, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560 098. 3. THE ELECTORAL REGISTRATION OFFICER (ERO), 154 - RAJARAJESHWARI NAGARA CONSTITUENCY, BBMP, 18TH CROSS, NEAR KEB OFFICE, IDEAL HOMES LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560 098. 4. THE CHIEF ELECTION COMMISSIONER, ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110 001. 5. THE CHIEF ELECTORAL OFFICER, KARNATAKA, NIRVACHANA NILAYA, SHESADRI ROAD, AMBEDKAR VEEDHI, BANGALORE-560 001. ...RESPONDENTS (BY SRI PRITHVEESH.M.K, ADVOCATE FOR C/R-1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO i) ALLOW THIS APPEAL AND, CONSEQUENTLY, ii) SET ASIDE THE ORDER DATED 28/08/2024 PASSED BY THE SINGLE JUDGE IN WP NO.482/2024 AND iii) GRANT SUCH OTHER AND FURTHER RELIEFS. IN WA NO. 373/2025 BETWEEN: 1. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, K.G ROAD, BENGALURU-560 009. 2. THE ADDITIONAL DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, - 9 - HC-KAR NC: 2025:KHC:32918-DB WA No. 1646 of 2024 C/W WA No. 1644 of 2024 WA No. 1658 of 2024 AND 3 OTHERS K.G ROAD, BENGALURU-560 009 3. THE RETURNING OFFICER (RO), 153-YESHWANTHAPURA CONSTITUENCY, NO.569 AND 570, 2ND FLOOR, KENGERI SATELLITE TOWN, BENGALURU-560 060. 4. THE ELECTORAL REGISTRATION OFFICER (ERO), 153-YESHWANTHAPURA CONSTITUENCY, NO.569 AND 570, 2ND FLOOR, KENGERI SATELLITE TOWN, BENGALURU-560 060. ...APPELLANTS (BY SRI K.S HARISH, GOVT. ADVOCATE) AND: 1. M/S. KRISHNAPPA RAVIKUMAR CONTRACTOR, FORMERLY KNOWN AS M/S DIGITAL SAMEEKSHA FIRM REGISTERED UNDER THE PROVISIONS OF SHOPS AND ESTABLISHMENT ACT. HAVING ITS REGISTERED OFFICE AT: NO.261/1, 2ND MAIN, 17TH CROSS, BEHIND SHEKAR NURSING HOME, MALLESHWARAM, BENGALURU-560 003. REP. BY ITS PROPRIETOR RAVIKUMAR K. 2. THE CHIEF ELECTION COMMISSIONER, ELECTION COMMISSION OF INDIA, NIRVACHANSADAN, ASHOKA ROAD, NEW DELHI-110 001. 3. THE CHIEF ELECTORAL OFFICER KARNATAKA, NIRVACHANA NILAYA, SHESHADRI ROAD, AMBEDKAR VEEDHI, BENGALURU-560 001. ...RESPONDENTS (BY SRI PRITHVEESH M.K, ADVOCATE FOR C/R-1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) ALLOW THIS WRIT APPEAL b) SET - 10 - HC-KAR NC: 2025:KHC:32918-DB WA No. 1646 of 2024 C/W WA No. 1644 of 2024 WA No. 1658 of 2024 AND 3 OTHERS ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION No. 496/2024 (GM-RES) DATED 28.08.2024 ETC. ,, THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the affidavits filed in support of IA No.1/2025 in all these appeals, the same are allowed. Delay of 40 days in filling the appeals in W.A.No.1646/2024, W.A.No.1644/2024, W.A.No.1658/2024, W.A.No.1662/2024, W.A.No.1696/2024 and delay of 160 days in filing W.A.No.373/2025 is condoned. 2. The appellants have filed the present appeals impugning common order dated 28.08.2024 passed by the learned Single Judge in W.P.No.54/2024 C/W W.P.No.112/2024; W.P.No.460/2024, W.P.No.464/2024, W.P.No.482/2024 and W.P.No.496/2024. - 11 - HC-KAR NC: 2025:KHC:32918-DB WA No. 1646 of 2024 C/W WA No. 1644 of 2024 WA No. 1658 of 2024 AND 3 OTHERS 3. Concededly, the issue raised in the present appeals is covered by the decision of a Co-ordinate Bench of this Court in WRIT APPEAL No.971/2024 (GM-RES) C/W CCC No.608/2024(CIVIL), [DEPUTY COMMISSIONER/RETURNING OFFICER AND OTHERS VS. M/S. DREAMS OF FOUNTAINS PVT.LTD., AND OTHERS], delivered on 23.01.2025. 4. In view of the reasons stated in the said matters, present appeals are disposed of. 5. All pending applications are also disposed off. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 33