Swamy Vivekananda Rural Education Society v. State of Karnataka
2022-10-10
M.NAGAPRASANNA
body2022
DigiLaw.ai
JUDGMENT 1. Heard Sri.B.V.Malla Reddy, learned counsel appearing for petitioner and Sri.M.Vinod Kumar, learned Additional Government Advocate for respondents 1 and 4 and Sri.S.R.Dodawad, learned Central Government Counsel for respondent Nos.2 and 3. 2. The petitioner - Swami Vivekananda Rural Education Society represented by its Secretary ("Society' for short) is before this Court calling in question the order passed by the 3rd respondent on 22/3/2019 to hand over the premises of the petitioner for the conduct of elections to the Lok Sabha of the year 2019. The elections having been conducted and the orders having spent itself nothing further survives for consideration insofar as quashing of the order is concerned. 3. The aftermath of the conduct of elections is the grievance that still sustains to be considered by the Government. After the passing of the order impugned in the petition, when the premises was not handed over for the process of elections in terms of the said order, criminal proceedings were instituted against the office bearers of the petitioner, for violation of the orders passed by the Election Officer. Insofar as registration of the crime is concerned, the learned counsel for respondent Nos.2 and 3 has filed a memo before this Court to which a communication is appended from the Assistant Returning Officer, to the Deputy Commissioner dtd. 17/12/2021 which reads that, after the order in question the premises was taken over and pursuant to the order of this Court dtd. 2/4/2019 elections were conducted, no purpose could be served in continuing the criminal proceedings against the staff of the institution. The communication appended to the memo reads as follows: "In the year 2019 General Election to Loksabha. I was appointed as an Assistant Returning Officer to 177- Anekal Legislative Assembly Constituency. To conduct election process i.e., election training, Strong Room, Mustering and De-Mustering centre. I sent a requisition to Swamy Vivekananda Rural Education Society [R] Chandapura Anekal Taluk to handover the entire premises. Even knowing the election emergency the persons who were in Swamy Vivekananda Rural Education Society [R] made undue delay in handing over the possession of the premises, so as per R.P. Act 1950 filed a case in crime No. 94/2019 against one Narayanareddy, the secretary of the said institution punishable u/s 188 of IPC r/w167 of RP Act, crime NO.
Even knowing the election emergency the persons who were in Swamy Vivekananda Rural Education Society [R] made undue delay in handing over the possession of the premises, so as per R.P. Act 1950 filed a case in crime No. 94/2019 against one Narayanareddy, the secretary of the said institution punishable u/s 188 of IPC r/w167 of RP Act, crime NO. 104/2019 against Praveen, SDA of the institution alleged offences punishable u/s 353 of IPC and crime No. 105/2019 against B.N. Venkatesh the governing council Member, Muniraju D.N. and Ganesh.V for the offences u/s 353 of IPC". Therefore, the learned counsel for petitioner has filed an application for amendment of the prayer seeking quashing of the criminal proceedings as well, in the light of the said communication. 4. Since the proceedings are pending consideration before the concerned Court before whom a petition under Sec. 482 of the Cr.P.C., is said to be pending, it is for the petitioner to place the memo before the said Court and seek appropriate orders, at the hands of the said Court. 5. The other grievance of the petitioner is that the damage that was caused due to the usage of the premises is not compensated by the Government. The Assistant Executive Engineer of the Public Works Department, Anekal inspects the premises after the elections and assesses the damage to be to the tune of Rs.2,63,558.00 in terms of a communication dtd. 22/7/2019. This is also communicated by the Assistant Executive Engineer to the Deputy Commissioner. If that be so, the petitioner is at liberty to submit a representation with regard to his grievance of non-payment of amount concerning taking over of the premises for conduct of such elections in terms of the order dtd. 22/3/2019. 6. Learned Additional Government Advocate, would at this juncture, submit that an amount of Rs.7,40,000.00 is already paid to the petitioner as compensation on 12/7/2019. To counter the said submission, learned counsel for petitioner submits that the amount so paid i.e., Rs.7,40,000.00 is for the elections held prior to 2019 and not for 2019 elections. Therefore, it becomes a disputed question of fact for this Court to go into the said issue, in this petition. It is for the State Government to consider the representation, if any, that would be submitted to the Deputy Commissioner, by the petitioner and pass appropriate orders in accordance with law. 7.
Therefore, it becomes a disputed question of fact for this Court to go into the said issue, in this petition. It is for the State Government to consider the representation, if any, that would be submitted to the Deputy Commissioner, by the petitioner and pass appropriate orders in accordance with law. 7. If a representation is submitted by the petitioner within eight weeks from the date of receipt of the copy of this order, the Deputy Commissioner, shall pass appropriate orders in accordance with law within twelve weeks thereafter. 8. With the aforesaid observations, the petition stands disposed. Consequently, I.A.No.2/2019 also stands disposed.