SIDDUGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Sri. Vinayak S.Kulkarni, learned Additional Government Advocate accepts notice for respondent Nos.1 to 4.

(2.) The subject matter of this writ appeal is substantially covered by our judgment dated 29.06.2021 in Writ Appeal No.100111/2021 & companion appeals (Laxman Lakappa Ningannavar Vs. The State of Karnataka & Others), wherein the relief is denied to the similarly circumstanced litigants; it is a cardinal principle of law that the like cases should be treated alike in the absence of derogating circumstances.

(3.) The learned counsel for the appellant vehemently contends that the elected tenure being five years was sought to be cut-short by executive action and therefore, the period so cut-short should be added to make the whole of the unit period; we are afraid that this cannot be done in the absence of statutory enablement; the matters pertaining to election related aspects are to be decided strictly according to the statute law, the common law principles not being invocable, is the dicta of Apex Court in Jyoti Basu & Others Vs. Debi Ghosal & Others , 1982 AIR(SC) 983.