- 1 - HC-KAR NC: 2025:KHC:40983 WP No. 30751 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 30751 OF 2025 (LB-ELE) BETWEEN: SRI.M.N. MANJUNATHA, S/O. LATE M.N. NARASIMHA MURTHY, AGE: 47 YEARS, COUNCILLOR-WARD NO. 18, TOWN MUNICIPAL COUNCIL, MAGADI, BENGALURU SOUTH DISTRICT-562120 …PETITIONER (BY SRI. MAHESH R UPPIN.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF PANCHAYAT RAJ, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. DEPUTY COMMISSIONER AND DISTRICT ELECTION OFFICER, BENGALURU SOUTH DISTRICT, RAMANAGARA-562159. 3. TOWN MUNICIPAL COUNCIL, MAGADI-562159 BENGALURU SOUTH DISTRICT BY ITS CHIEF OFFICER, 4. RETURNING OFFICER, TOWN MUNICIPAL COUNCIL, MAGADI AND TAHASILDAR, MAGADI TALUK, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40983 WP No. 30751 of 2025 RAMANAGARA DISTRICT-562120 5. SRI. RAHAMATHULLA KHAN Y, S/O. YUSUF KHAN, AGE: MAJOR, WARD NO.23, 6. SMT. HEMALATHA NAGARAJU, W/O. NAGARAJU, MAJOR, WARD NO.17, 7. SRL. VENKATARAMU, S/O., GOVINDALAH, AGE: MAJOR, WARD NO. 12, 8. SRL. K.K. KANTHARAJU, S/O.KADARAYYA MAJOR, WARD NO.05 RESPONDENTS NO.5 TO 8 ARE COUNCILLORS, TOWN MUNICIPAL COUNCIL, MAGADI, BENGALURU SOUTH DISTRICT-562120. …RESPONDENTS (BY SMT.PRATHIMA HONNAPUR, AAG A/W SRI.H.K.KENCHEGOWDA, ADVOCATE FOR R1, R2 AND R4; SRI.CHANDRASHEKAR FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE MEETING NOTICE DT. 06-10-2025 BEARING NO..ZÀÄ£ÁªÀuÁ/¹Dgï/08/2024-25 ISSUED BY RETURNING OFFICER TOWN MUNICIPAL COUNCIL MAGADI AND TAHASILDAR, MAGADI TALUK -RESPONDENT NO.4 MARKED AS ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:40983 WP No. 30751 of 2025 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of certiorari to quash the meeting notice bearing No.ZÀÄ£ÁªÀuÁ/¹ Dgï/08/2024-25 dated 06.10.2025 issued by the respondent No.4. He also sought for an alternative relief to direct the respondent No.4 not to count the votes of respondent Nos.4 to 8 in the ensuing election to the post of Adhyaksha of respondent No.3 scheduled on 14.10.2025 and to keep their votes poled in a separate sealed cover till the pronouncement of the order in the disqualification proceedings pending before the Deputy Commissioner. He have also sought for a writ in the nature of mandamus to direct the Deputy Commissioner to pronounce orders in the disqualification proceedings. 2. The petitioner contends that he is a member of the respondent No.3. He claims that certain disqualification proceedings was initiated against the respondent Nos.4 to 8, which is pending consideration before the Deputy Commissioner. However, in the meanwhile, election to the post of Adhyaksha of the respondent No.3 is scheduled on - 4 - HC-KAR NC: 2025:KHC:40983 WP No. 30751 of 2025 14.10.2025. The petitioner contends that the Deputy Commissioner has heard the matter but has not decided the dispute. Therefore, he contends that the votes cast by the respondent Nos.5 to 8 would have a deleterious effect on the results of the election. The petitioner is therefore before this Court to quash the meeting notice or in the alternative to restrain the respondent No.4 not to count the votes cast by the respondent Nos.5 to 8 or to keep them in a sealed cover till the decision of the disqualification proceedings initiated against them. 3. This Court in terms of an interim order dated 13.10.2025 permitted the respondent Nos.5 to 8 to cast their votes and directed the respondent No.4 to note the votes cast by the respondent Nos.5 to 8 and keep them in a separate sealed cover and the results of the election were to be declared only after obtaining the orders of the Court. 4. The Learned Additional Advocate General today submits that the election to the post of Adhyaksha was held on 14.10.2025 and that two contestants had contested the elections. She claims that one of the contestants (Smt.Rekha) - 5 - HC-KAR NC: 2025:KHC:40983 WP No. 30751 of 2025 had secured 6 votes, while another contestant Smt.A.S.Shivarudramma, had secured 13 votes. She claims that the votes cast by respondent Nos.5 to 8 were not taken into account but were kept in a sealed cover, as directed by this Court. As the respondent Nos.5 to 8 had cast their votes by raising their hands, there is no secrecy and hence the sealed cover was procured and is opened in the Court. It is found that Smt.Rekha had secured the votes of respondent Nos.5 to 8.Therefore, even if the votes cast by the respondent Nos.5 to 8 are taken into account, the successful candidate is one Smt.A.S.Shivarudramma. 5. In view of the fact that the relief sought for by the petitioner is granted by way of an interim order, which has ultimately proved futile, this writ petition deserves to be disposed off, directing the respondent No.4 to declare the results of the election to the post of Adhyaksha of the respondent No.3 within a period of one week from the date of receipt of a certified copy of this order. The respondent No.2 is directed to consider and dispose of the disqualification proceedings initiated against the respondent Nos.5 to 8 within a - 6 - HC-KAR NC: 2025:KHC:40983 WP No. 30751 of 2025 period of two weeks from the date of receipt of a certified copy of this order. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 24