- 1 - HC-KAR NC: 2025:KHC:28711 WP No. 17788 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.17788 OF 2025 (LB-BMP) BETWEEN: M/S SRI RAM AGENCY HAVING OFFICE AT NO.12, SRI BASAVA ARCADE MPM LAYOUT, KENGUNTE ANNAPURNESHWARI NAGARA BENGALURU - 560056 A PROPRIETORSHIP FIRM REPRESENTED BY ITS PROPRIETOR SRINIVAS K AGED ABOUT 37 YEARS …PETITIONER (BY SRI.JAYAKUMAR S PATIL, SENIOR COUNSEL FOR SRI.RANGANATH R, ADVOCATE AND SRI.SHRIRAM ADIGA, ADVOCATE) AND: 1. ADDITIONAL DISTRICT ELECTION OFFICER (NORTH)/ZONAL COMMISSIONER 10TH FLOOR, BBMP MAYO HALL BENGALURU - 560001 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28711 WP No. 17788 of 2025 2. ELECTORAL REGISTRATION OFFICER 151 KR PURAM CONSTITUENCY BBMP BENGALURU - 560 036 3. ELECTORAL REGISTRATION OFFICER 157- MALLESHWARAM CONSTITUENCY BBMP, BENGALURU 560 054 4. EXECUTIVE ENGINEER 158 HEBBALA CONSTITUENCY BBMP, BENGALURU 560006 5. ELECTORAL REGISTRATION OFFICER 159 PULIKESHINAGAR CONSTITUENCY BBMP BENGALURU 560 052 6. ELECTORAL REGISTRATION OFFICER 160- SARVAJNA NAGAR CONSTITUENCY BBMP BENGALURU 560 043 7. ELECTORAL REGISTRATION OFFICER 159 CV RAMAN NAGAR CONSTITUENCY BBMP BENGALURU 560 008 8. CHIEF ELECTION COMMISSIONER ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110 001 9. CHIEF ELECTORAL OFFICER KARNATAKA NIRVACHANA NILAYA SHESHADRI ROAD AMBEDKAR VEEDHI BENGALURU-560 001. EMAIL CEO KARNATAKA@ECI.GOV.IN - 3 - HC-KAR NC: 2025:KHC:28711 WP No. 17788 of 2025 10. STATE OF KARNATAKA BY ITS SECRETARY DPAR VIDHANA SOUDHA BENGALURU - 560001 …RESPONDENTS (BY SRI. B L SANJEEV, ADVOCATE FOR R.1 TO R.7; SRI.SHARATH, ADVOCATE FOR R.8 AND R.9; SRI.H.K.KENCHEGOWDA, AGA FOR R.10) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO RELEASE ALL THE PAYMENT OF INVOICES RAISED BY THE PETITIONER BEARING NO.59/2023-24, 60/2023-24, 61/2023-24, 62/2023-24, 65/2023-24, 67/2023-24, 68/2023- 24, 70/2023-24, 71/2023/24, 72/2023-24, 73/2023-24, 74/2023-24, 75/2023-24, 76/2023-24, 77/2023-24, 78/2023-24, 79/2023-24, 97/2023- 24, 99/2023-24, 100/2023-24, 101/2023-24, 102/2023-24, 141/2023-24, 142/2023-24, 143/2023-24,144/2023-24,145/2023-24,146/2023-24, 147/ 2023-24, 67/2023-24, 68/2023-24, 69/2023-24, 70/2023-24, 71/2023-24, 72/2023-24, 77/2023-24, 78/2023-24, 79/2023-24, 80/2023-24, 81/2023- 24, 82/2023-24, 83/2023-24, 84/2023-24,85/2023-24, 86/2023-24, 87/2023-24, 88/2023-24, 89/2023-24, 90/2023-24, 232/2023-24, 233/2023-24, 234/2023-24, 235/2023-24, 236/2023-24, 237/2023-24, 238/2023-24, 239/2023-24, 240/2023-24, 241/2023-24, 242/2023-24, 31/2023-24, 32/2023-24, 33/2023-24, 34/2023-24, 35/2023-24, 36/2023- 24, 47/2023-24, 50/2023-24, 51/2023-24, 52/2023-24, 53/2023-24, 54/2023-24, 55/2023-24, 56/2023-24, 57/2023-24, 58/2023-24, 226/2023-24, 227/2023-24, 218/2023-24, 225/2023-24, 222/2023-24, - 4 - HC-KAR NC: 2025:KHC:28711 WP No. 17788 of 2025 223/2023-24, 224/2023-24, 219/2023-24, 220/2023-24, 221/2023-24, 127/2023-24, 128/2023-24 VIDE ANNEXURE-F SERIES AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This writ petition is filed by the petitioner, a duly registered Proprietorship Firm engaged in executing Government contracts and tenders throughout the State of Karnataka. The petitioner asserts that it has specialized in providing catering supply and procurement services specifically for election-related assignments. Aggrieved by the inaction of respondent No.1 in not releasing payments despite submission of invoices, the petitioner has approached this Court seeking appropriate directions for release of the legally admissible dues. 2. Learned counsel appearing for respondent No.1 – BBMP, has filed a statement of objections, wherein it is unequivocally admitted that a sum of Rs.1,62,94,815/- is yet to be paid to the petitioner. It is further stated that the - 5 - HC-KAR NC: 2025:KHC:28711 WP No. 17788 of 2025 said amount will be disbursed only upon receipt of funds from the Election Commission. 3. On close examination of the records, this Court is constrained to observe the bureaucratic apathy in ensuring timely settlement of dues to contractors who have rendered services during the Assembly Elections held in May 2023. The petitioner, having discharged its obligations during the said elections, more particularly in the North Zone District Constituency, is legally entitled to the amounts due for the services rendered. 4. A detailed affidavit has been filed by the Chief Election Commissioner and Chief Electoral Officer, Karnataka, indicating that payments are under process and the balance is likely to be disbursed by the 28th of this month. It is the bounden duty of the State to ensure that contractors who have rendered essential services in the conduct of elections are not made to suffer due to administrative delays. Timely disbursal of the sanctioned - 6 - HC-KAR NC: 2025:KHC:28711 WP No. 17788 of 2025 election expenditure is not a matter of grace, but a statutory and constitutional obligation resting on the State. The current state of affairs reflects a disturbing degree of institutional laxity. While the BBMP asserts helplessness in the absence of funds, the Election Commission awaits fund release from the State, leading to a stalemate to the prejudice of contractors. 5. The learned counsel for respondent No.8 – Chief Election Commissioner, on instructions, submits that a sum of Rs.30,00,00,000/- was allocated in the State Budget of 2023 for election-related expenses, but only Rs.15,00,00,000/- has been released thus far. The remaining Rs.15,00,00,000/- is yet to be released by the State. 6. In the considered opinion of this Court, the State Government cannot absolve itself of its responsibility to promptly release funds earmarked for electoral purposes. The delay in releasing the balance amount of - 7 - HC-KAR NC: 2025:KHC:28711 WP No. 17788 of 2025 Rs.15,00,00,000/- directly affects the contractors who have lawfully rendered services during the conduct of Assembly Elections. The State must take immediate and concrete steps to remit the balance funds to the Chief Electoral Officer, Karnataka, to facilitate the downstream disbursement of dues to local bodies like BBMP, who in turn are to settle the claims of the contractors without further delay. 7. In light of the above discussion, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) Respondent No.10 – The State of Karnataka, is hereby directed to forthwith release the balance amount of Rs.15,00,00,000/- earmarked for election- related expenditure. (iii) Upon receipt of the said amount, the Chief Electoral Officer, Karnataka, shall ensure that the proportionate shares are immediately - 8 - HC-KAR NC: 2025:KHC:28711 WP No. 17788 of 2025 remitted to the respective local authorities, including BBMP, for disbursement to contractors whose payments are pending for services rendered during the Assembly Elections of May 2023. (iv) This entire exercise shall be completed within a period of two months from the date of receipt of a copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 0