KANAGALBAVI JAGADEESH Vs. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE CO OPERATION DEPARTMENT, M S BUILDING BANGALORE 560001 AND OTHERS

JUDGEMENT

(1.) THESE appeals assail the order of the learned Single Judge dated 10 05.2011 passed in W.P. Nos. 17250 -54/2011 and 17256/2011 (APMC). whereby the voters list as well as the election notification insofar as it relates to Constituency No.7. Chikkabasur and the additional voters' list of agriculturists from Chikkabasur Constituency was quashed. It had been brought to the notice of the learned Single Judge that the electoral process had reached final stage of casting ballots on the following dates:

(2.) OBVIOUSLY , the learned Single Judge had acted on the statement made by the Additional Advocate General that there appears to be some lapses in the preparation of the additional voters' list for the said Constituency. The legal position so far as interfering with the electoral process is concerned, it is in the formulating entrenchment and it appears that no contrary opinion is expressed in Boddula Krishnaiah and another Vs. State Election Commissioner, A.P. and others, (1996) 4 AD SC 128 , after analyzing N.P. Ponnuswami Vs. Returning Officer, Namakkal Constituency and Others, AIR 1952 SC 64 , State of U.P. and others etc. Vs. Pradhan Sangh Kshettra Samiti and others etc., AIR 1995 SC 1512 , Lakshmi Charan Sen -vs - A.K.M. Hassan Uzzaman ( AIR 1985 SC 1233) and the legal principles were crystallised in these words: Thus it would be clear that once an election process has been set in motion, though the High Court may entertain or may have already entertained the writ petition, it would not be justified in interfering with the election process giving direction to the Election Officer to stall the process or to conduct election process afresh, in particular when election has already been held in which the voters were allegedly prevented to exercise their franchise. As seen, that dispute is covered by an election dispute and remedy is thus available at law for redressal.

(3.) THE appeals are allowed. The impugned order is set aside and it is directed that the electoral process shall continue from the stage where it was restrained. In other words, the Deputy Commissioner, Haveri District, as well as the Tahsildar and Returning Officer. Bydagi Taluk, shall take steps for balloting in the said Constituency, forthwith.