A. RAMESH Vs. MANJUNATH

JUDGEMENT

(1.) Heard Sri. Ajay, learned counsel appearing on behalf of Sri.B.S.Sachin for complainant and Sri.V.Sreenidhi, learned AGA appearing for respondent No.2.

(2.) Complainant, was the petitioner in W.P.No.49540/2016, which writ petition was connected with W.P.Nos.6097-6101 and 6102/2017 and same came to be disposed of by order dated 08.04.2019. In the said Writ Petition challenge was laid to order passed by first respondent herein insofar as permitting one Sri.Chandrappa to carry Karaga in the alternate years, which was being held at Anekal Taluk. Said litigation has a chequered history commencing from the year 1971, which resulted in order dated 11.05.2016 being passed by jurisdictional Tahsildar i.e., first respondent herein whereunder both parties were permitted to conduct karaga mahotsava on rotational basis. In the said order it was also held that for the year 2016 Karaga Mahotsava can be celebrated by Sri.Ramesh (complainant herein), who is the son of Arjun, who was hereditary archak of the temple and thereafter ensuing Karaga Mahotsava was directed to be celebrated by respondent No.6 therein (Sri.P.Chandrappa). However, said order came to be quashed by learned Single Judge by order dated 08.04.2019-Annexure-A. A direction also came to be issued by learned Single Judge to Tahsildar to pass orders afresh in accordance with law after affording opportunity of hearing to both the parties within a period of three (3) months in the background of observations made by the Division Bench (in W.A.No.5719-22/2012) and for the Karaga festival, which was to commence from 09.04.2019 by way of adhoc arrangement, by directing the hereditary Archak to perform Karaga Mahotsava for the year 2019.

(3.) Alleging said direction has not been complied, present proceedings has been initiated. In fact along with petition itself endorsement dated 16.05.2019- Annexure-F issued by respondent has been produced whereunder respondent has refused to grant permission to petitioner to carry Karaga on the ground of Model Election Code of Conduct was in force from 10.03.2019 to 23.05.2019 and Municipal Elections being held from 02.05.2019 to 31.05.2019.