- 1 - HC-KAR NC: 2025:KHC:30301 WP No. 22758 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.22758 OF 2025 (LB-RES) BETWEEN: 1. SMT. KAMALA N. NANJEGOWDA W/O. M.C. NANJEGOWDA, AGED ABOUT 43 YEARS, MEMBER OF NALLURU GRAMA PANCHAYATH, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, R/AT MALLENAHALLI VILLAGE, REDDYHALLI POST, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK-562 129, BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. RAJASHEKHAR K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT, M.S. BUILDING, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER, BEERASANDRA, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30301 WP No. 22758 of 2025 DODDABALLAPURA ROAD DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110. 3. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODABALLAPURA-561 203. 4. THE TAHASILDAR, DEVANAHALLI TALUK DEVANAHALLI-562 110. 5. THE ELECTION OFFICER, NALLURU GRAM PANCHAYATH AND ASSISTANT EXECUTIVE ENGINEER, DEVANAHALLI SUB-DIVISION DEVANAHALLI-562 110 BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AAG ALONG WITH SMT. H.K. KENCHEGOWDA, AGA FOR R.1 TO R.5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.5, TO DECLARE THE PETITIONER AS THE ADYAKSHA OF THE NALLURU GRAMA PANCHAYAT, DEVANHALLI TALUK, BENGALURU RURAL DISTRICT, IN VIEW OF NOTIFICATION BEARING ¸ÀA.£À®ÆègÀÄ UÁæ.¥ÀA. CzsÀåPÀëgÀ.ZÀÄ£ÁªÀuÉ/234/2025-26) DATED 09.07.2025, VIDE ANNEXURE-C, IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS PETITION, COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30301 WP No. 22758 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Elections were scheduled to be conducted to the post of President of Nalluru Gram Panchayath, Devanahalli Taluk on 21.07.2025. One Ravindra Singh was appointed as the Prescribed Officer to conduct elections. He has issued calendar of events dated 09.07.2025 (Annexure-'C' to the writ petition) wherein the date of election is prescribed as 21.07.2025; the Members are entitled to file nominations between 10.00 to 10.30 a.m.; scrutiny of nomination was to be conducted between 10.30 a.m. to 11.00 a.m.; names of the valid contestants was required to be read out thereafter; between 11.00 a.m. and 11.30 a.m. the candidates were permitted to withdraw their nomination if they so desired and the elections were to be conducted after 11.30 a.m. 2. However, without making any alternative arrangements, for personal reasons, the said Ravindra Singh did not attend the Office. The intended candidates did not know what to do. The petitioner has handed over her nomination papers between 10.00 a.m. and 10.30 a.m. on 21.07.2025 to another Officer - 4 - HC-KAR NC: 2025:KHC:30301 WP No. 22758 of 2025 who was present in the Office. The said Officer was not authorized to receive the said nomination. Because the said Ravindra Singh was absent, the other candidates have not submitted their nomination. But after receipt of nomination by unauthorized Officer, no further proceedings in respect of the election process has taken place. On the ground of elections having been frustrated, a fresh calendar of events has been issued by the State fixing the date of election as 06.08.2025 and also nominating the jurisdictional Tahsildar as a Prescribed Election Officer. Aggrieved by the same, the present writ petition is filed. 3. The case of the petitioner is that she was the only candidate who submitted her nomination on the given date. Under the circumstances, it is contended that she should be declared as elected President of the Nalluru Gram Panchayath as there are no other candidates who have submitted their nomination. 4. The learned Additional Advocate General appearing for respondents upon instructions submits that the facts mentioned in paragraph Nos.1 and 2 supra shows that the election process - 5 - HC-KAR NC: 2025:KHC:30301 WP No. 22758 of 2025 was never completed and it stood frustrated because of the action of the Prescribed Election Officer and the Government in fact has initiated disciplinary proceedings against him. That apart, it is submitted that as election process itself stood frustrated, the prayer of the petitioner cannot be granted and fresh election is required to be conducted as per the new calendar of events. 5. Admittedly, the nomination has to be filed with the Prescribed Election Officer and in the instant case, the said Officer himself was absent on 21.07.2025. Even, if it is presumed that nomination of the petitioner has been submitted, it was never scrutinized and further election process did not take place at all. Further, the impleading applicants have submitted that they also intend to contest the election, but they could not submit their nomination papers, as the Prescribed Election Officer was not found. The said fact is not in dispute. Hence, under the given peculiar facts and circumstances of the case, it has to be held that the election process scheduled did not commence at all and the entire process has been frustrated due to action of the Prescribed Election Officer. Thus, no fault can be found in the action of - 6 - HC-KAR NC: 2025:KHC:30301 WP No. 22758 of 2025 the State in deciding to hold fresh election for the President of Nalluru Gram Panchayath. 6. For the aforementioned reasons, the writ petition is hereby dismissed. 7. It is needless to state that any of the eligible contestants including the petitioner are entitled to file nomination for the election to be conducted on 06.08.2025, if they are eligible. Pending interlocutory applications, if any, stand dismissed. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 66