- 1 - NC: 2025:KHC-D:1208-DB CCC No. 100391 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CIVIL CONTEMPT PETITION NO. 100391 OF 2024 BETWEEN: SHRI SHAMBULINGAPPA S/O SHIVARUDRAPPA JOLAD, AGE 55 YEARS, OCC:MEMBER, R/O ANNADANESHWAR NAGAR, KUKANUR, TQ:YALABURGA DIST:KOPPAL 583234 …COMPLAINANT (BY SRI.SUNIL S. DESAI, SRI. AVINASH MALIPATIL, ADVOCATE) AND: HANAMANTAPPA S/O NAMDAR, THE RETURNING OFFICER, PRATHAMIKA KRUSHI PATTINA SAHAKARI SANGHA, NIYAMITA KUKANUR, TQ:KUKANUR DIST:KOPPAL 583232. …ACCUSED CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PLEASED TO, INITIATE COMTEMPT OF COURT PROCEEDINGS AGAINST ACCUSED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1208-DB CCC No. 100391 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The complainant alleges that the respondent is in deliberate disobedience of this Court’s interim order dated 27.12.2024 in WP No.107943/2024. The Office has raised objections pointing out that the complainant is not a party to the proceedings. Sri. Sunil Desai, the learned counsel for the complainant, submits that the complainant can sustain this complaint because he is one of the person who has participated in the elections and despite specific orders to declare results, the Returning Officer has refused to declare results, and therefore, this Court must consider issuing notice to file charges against the said respondent. The Writ Court’s interim order reads as under: “In view of the above, pending consideration of this writ petition on merits, Returning officer is hereby directed to permit the petitioners, who are the members of respondent No.5-Society, to cast their votes. The Returning officer shall arrange a separate ballot box to enable the petitioners - 3 - NC: 2025:KHC-D:1208-DB CCC No. 100391 of 2024 to cast their votes and the said ballot box shall be sealed and kept separately. The Returning Officer is free to declare the election results without considering the votes of the petitioners. The consideration of the votes cast by the petitioners is subject to further orders in this petition.” If the complainant is aggrieved by any inaction, he must necessarily seek appropriate orders in the pending Writ Petition and cannot sustain this Complaint. With liberty in this regard, the complaint is disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ List No.: 1 Sl No.: 41