NAGARAJ M.B. S/O M.C. BASAPPA SETTY Vs. RETURNING OFFICER MARLE GRAMA PANCHAYATHI ELECTION OFFICER AND OTHERS

JUDGEMENT

(1.) THE petition coming on for Preliminary Hearing (B -Group), is considered for final disposal.

(2.) THE Counsel for the petitioner would raise a preliminary objection to the maintainability of the petition and would submit that the challenge in the present writ petition is rendered in fructuous. To consider this preliminary objection, the facts and circumstances are narrated: The petitioner claims that he had made an application to the second respondent on 30.1.2010, seeking reservation list for the years 2000 -2005 and 2010, of Marie Grama Panchayath. He had made an application under the Right to Information Act, 2005, seeking reservation list for the years 1993 and 2000. In view of the request, the second respondent had issued a Notification dated 18.1.201, in that, insofar as Marle -I Grama Panchayath was allotted two seats. According to the petitioner, the Government has issued a Notification for conducting Gram Panchayath elections scheduled to be held on 12.5.2010. The petitioner was one of the candidates who had filed his nomination to the first respondent on 28.4.2010. The nomination was said to have been accepted. However, on 29.4.2010, the papers were taken up for scrutiny and the petitioner did notice that in the voters list of four villages, total number of voters were 554 in Ward No. 96. Subsequently, the second and third respondents had altered the voters list and had deleted 156 voters from the Marie Grama Panchayat and transferred the same to Ward No. 97 and in this regard, the petitioner had made a representation that the voters list cannot be altered after filing of nominations and demanded that the voters list which was in existence earlier to the submission of the nomination to be considered for the purpose of conducting the election. Representations were made in this behalf on 3.5.2010 and 6.5.2010. It is this irregularity that is sought to be urged in the present writ petition.

(3.) THE petition is disposed of accordingly with liberty to the petitioner to pursue other remedies, if the same are available.