BASANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE common grievance of the petitioners in all these petitions relates to the alleged improper preparation of the electoral rolls for their respective constituencies. Petitioners in W. P. nos. 5450 and 5524 of 2000 are aggrieved by the inclusion of 29 voters in the voters list of the two grama panchayat constituencies for which they have filed their nomination papers. Besides a certiorari for quashing the list, they have prayed for a mandamus directing the respondent to prepare a fresh list in accordance with law. Petitioner in W. P. No. 5927 of 2000 is also a candidate, who is similarly aggrieved of the preparation of the electoral roll for his constituency. Petitioners in W. P. nos. 5930 to 5934 of 2000 are aggrieved of the exclusion of their names from the voters list for the hunashikatti grama panchayat. Preparation of the voters list for suryanakanahalli of hassan district is assailed in W. P. No. 5992 of 2000 on the ground that respondents 3 to 15 in the said petition are minors and therefore not entitled to be registered as voters. In W. P. No. 6381 of 2000, the grievance is against the inclusion of 92 voters registered for the village lokkondahally of hoskote taluk. Similarly W. P. No. 5643 of 2000 makes a grievance against the voters list for the gunjalli grama panchayat of raichur district.

(2.) THE immediate provocation for the challenge to the impugned electoral rolls is provided by the declaration of the grama panchayat elections in the state by a notification dated 2nd of february, 2000. These elections are regulated by Karnataka panchayat RAJ Act, 1993, Section 9 whereof entitles every person whose name appears in the voters list relating to a constituency to vote at any election that takes place in that constituency. It further provides that no person whose name does not appear in such list shall vote at any such election. Sub-section (2) declares that no person shall vote at an election under the act in more than one constituency or more than once in the same constituency and if he does so, all his votes shall be invalid. Section 10 of the act provides that electoral rolls of the zilla panchayat for the time being in force shall be deemed to be the list of voters for the grama panchayat constituencies also. Sub-section (2) of Section 10 is for our purposes relevant and may therefore be extracted. It reads.

(3.) SECTION 165 of the act regulates preparation of electoral rolls for the zilla panchayats under the superintendence and control of the state election commission provided however that the electoral roll of the Karnataka legislative assembly for the time being in force for such part of the district as is included in any constituency of the zilla panchayat may be adopted for the purpose of preparation of electoral roll of the zilla panchayat for such constituency. The second proviso to Section 165 makes a provision analogous to Section 10 (2) extracted earlier.