Mangalore: High Court Transfers Mayor Election Petition to District Court


Mangalore: High Court Transfers Mayor Election Petition to District Court

Daijiworld Media Network – Mangalore / Bangalore (SP)

Mangalore/Bangalore, Apr 17: The state High Court, to which a writ petition had been filed, seeking to nullify the election of Gulzar Banu of the Congress to the post of the city mayor, has transferred the case to the Dakshina Kannada district court. The High Court delivered its judgment in this connection today.

In her writ petition, advocate for Roopa Bangera, BJP nominee for the post of Mangalore mayor, whose nomination was rejected by the returning officer for not filing caste certificate in the specified format along with nomination papers, had argued that the divisional commissioner, Mysore, who was the returning officer for the said election, had meted out injustice to her by rejecting the caste certificate filed by her.

While senior advocate, Jayakumar Patil, appeared for the petitioner, former advocate general, Ashok Harnahalli, represented Gulzar Banu. Additional advocate general of the state, Nataraj, too had recorded his arguments in the case.

The High Court, which heard the arguments and examined the documents on Monday, had deferred the verdict to Tuesday because of paucity of time.

On behalf of Gulzar Banu, her advocate argued that Roopa Bangera was wrong in filing a writ petition in the state High Court. He cited that as per the rules governing elections, the remedy available to the aggrieved party is to file an appeal either in the district court or in the High Court, and not a writ petition. “As there is no provision to file writ petition in the High Court, and as the High Court has no jurisdiction to examine this issue, the petition should be dismissed,” he argued, duly referring various verdicts delivered by the Supreme Court in the past.

The additional advocate general, on behalf of the government, also said that appeal should have been preferred by Roopa Bangera in the district court or High Court.

With the transfer of the case to the district court, uncertainty about the continuance of Gulzar Banu as city mayor has ended. Her position at least for the present remains unaffected.

 

  

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Comment on this article

  • Denis Pinto, Mangalore

    Wed, Apr 18 2012

    By the time the court hears this case the tenure of Mayor Gulzar Banu would end.After all its a one year term !

    Foolish BJP.Wasting time on a litigation.Instead let them spend time to plan the drinking water supply to Mangalore for the next 25 years.

    DisAgree [2] Agree [15] Reply Report Abuse

  • saleem, dubai

    Tue, Apr 17 2012

    Bad luck bjp party

    DisAgree [3] Agree [13] Reply Report Abuse

  • vincy, bangkok

    Tue, Apr 17 2012

    The MCC should disqualify the corporators who do not attend the meetings for more than two times.If this rule is made,then all is well in the MCC for 2012.

    DisAgree [1] Agree [9] Reply Report Abuse

  • RAM, IPL

    Tue, Apr 17 2012

    I think its a good judgement , Once she is elected than she as continue her post
    I wish her best of luck
    RAM

    DisAgree [8] Agree [43] Reply Report Abuse

  • ISMAIL.K.PERINJE, PERINJE-YANBU/KSA

    Tue, Apr 17 2012

    Madam,Gulzar Banu,Mayor of MCC,it is now forgone conclusion that your term one year as an MCC Mayor will complete when we see the proceedings of the COURT VERDICT.The case will go again to HC/SC from both parties...then the 360 days not enough to get concrete verdict as it is a time consuming process.Therefore, just concentrate fulfilling aspirations of Kudlites with maximum effort.In Mangalore,BJP has no in charge Minister,Minister and Mayor!!!!????????????????????????

    DisAgree [13] Agree [68] Reply Report Abuse

  • R.Bhandarkar., M

    Tue, Apr 17 2012

    High Court-Full Confuse-Da
    To 'Justify'
    Or 'Nullify'
    Long time to 'Fructify'...
    In the mean time....
    PrawnPuliMunchi..FRY!!

    DisAgree [43] Agree [29] Reply Report Abuse


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