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2026 DAILYLAW 36260 (KAR)

SRI A B RAMESHA BANDISIDDEGOWDA v. THE CHIEF ELECTORAL OFFICER

WP/25555/2026 · 2026-08-18

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010562942026 NC: 2026:KHC:44808 WP No. 25555 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25555 OF 2026 (GM-RES) BETWEEN: SRI. A.B. RAMESHA BANDISIDDEGOWDA AGED ABOUT 53 YEARS S/O. LATE SRI. A.S. BANDISIDDEGOWDA R/AT: NO. 29, 80 FT ROAD VIJAYANAGARA 2ND STAGE MYSORE-570017 OCC: MEMBER OF LEGISLATIVE ASSEMBLY (2023) 190- SRIRANGAPATNA ASSEMBLY CONSTIUENCY KARNATAKA STATE …PETITIONER (BY SRI. PALLAVA.R., ADVOCATE) AND: 1. THE CHIEF ELECTORAL OFFICER KARNATAKA STATE AT: NIRVACHANA NILAYA MAHARANI COLLEGE CIRCLE BENGALURU-560001. 2. THE DEPUTY COMMISSIONER AND DISTRICT ELECTION OFFICER MANDYA DISTRICT AT: MANDYA-571428 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010562942026 NC: 2026:KHC:44808 WP No. 25555 of 2026 3. SRI. M.D. ADISHSAGAR MAJOR FATHER'S NAME NOT KNOWN TO THE PETITIONER R/AT: NO.09, SOMANATHA NAGAR 3RD STAGE, DATTAGALLI MYSORE-570033 …RESPONDENTS (BY SRI. SHAMANT NAIK, AGA FOR R1; SRI. VYSHALI HEGDE, ADV. FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMPLAINT DATED 18.05.2026 LODGED BY THE 3RD RESPONDENT WITH THE 1ST RESPONDENT HEREIN WHICH IS GIVEN HEREIN AT ANNEXURE-J' AND AS WELL AS THE NOTICE NO. ELN (1) 9 / 2025-26 DATED 24.06.2026 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER WHICH IS GIVEN HEREIN AT ANNEXURE- M' AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR CNR: KAHC010562942026 NC: 2026:KHC:44808 WP No. 25555 of 2026 ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent No.1. 2. Smt. Vaishali Hegde, learned counsel accepts notice for respondent No.2. 3. Notice to respondent No.3 is dispensed with in view of the proposed order to be passed. 4. The petitioner is before this Court seeking for the following reliefs: a) issue a Writ in the nature of Certiorari or any other appropriate Writ, Order or direction and Quash the Complaint dated 18.05.2026 lodged by the 3rd Respondent with the 1st Respondent herein which is given herein at ANNEXURE-'J' and as well as the Notice No. ELN (1) 9 / 2025-26 dated 24.06.2026 issued by the 2nd Respondent to the Petitioner which is given herein at ANNEXURE-'M'; b) pass any other or further Orders as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity. 5. What has been challenged by the petitioner is a notice issued by respondent No.2 on the complaint lodged by respondent No.3 on 24.06.2026 at Annexure-M. - 4 - HC-KAR CNR: KAHC010562942026 NC: 2026:KHC:44808 WP No. 25555 of 2026 A perusal of the notice indicates that it is a show-cause notice, requiring the petitioner to show cause within a period of seven days. 6. On enquiry, learned counsel for the petitioner submits that the said show-cause notice has also been replied by the petitioner on 10.07.2026 vide Annexure-N, though belatedly and no order has been passed in relation thereof. The submission of the learned counsel for the petitioner is that the said notice has been issued belatedly after the election and has been issued so as to harass the petitioner. 7. A perusal of the papers would indicate that the notice has been issued on the basis of the complaint submitted by respondent No.3. It is but required for respondent Nos.1 and 2 to act on the said complaint and take necessary action. A show-cause notice has been issued and the petitioner has replied to the same though belatedly, it is required for the concerned respondents to consider the said reply and pass necessary orders. - 5 - HC-KAR CNR: KAHC010562942026 NC: 2026:KHC:44808 WP No. 25555 of 2026 8. Respondent Nos.1 and 2 are directed to consider the reply of the petitioner though submitted beyond the period of seven days described in Annexure-M, consider the same to have been submitted within time and pass necessary orders as expeditiously as possible. 9. It is needless to say that if petitioner is aggrieved by the order passed, he is at liberty to challenge the same in the appropriate proceedings. Accordingly, petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SMJ List No.: 1 Sl No.: 13