Mayoral election controversy – High Court transfers case to DK District Court

Mayoral election controversy – High Court transfers case to DK District Court

Mangalore Today News Network

Mangalore, April 17, 2012 : The Karnataka State High Court, which had received a writ petition challenging the election of Gulzar Banu to the post of mayor of Mangalore City Corporation (MCC), has delivered its verdict and transferred the case to the DK District Court.

 

Jayakumar Patil, the legal representative of Roopa Bangera, the BJP candidate for the post of MCC mayor, whose nomination was rejected on grounds that her caste certificates were not in order, argued that the returning officer had been unjust in rejecting her caste certificate. Ashok Harnahalli is representing Gulzar Banu in this case.

The High Court had heard the case and examined all documents related to it on Monday, but decided to deliver the verdict on Tuesday owing to lack of time.

Gulzar Banu’s lawyer argued that Roopa Bangera made a mistake filing a writ petition in the High Court because election rules clearly state that aggrieved parties must file an appeal either in the District Court or in the High Court, but not file a writ petition. The High Court, therefore, cannot examine this case and must dismiss it, he argued. He also referred to certain verdicts delivered by the Supreme Court.

The additional advocate general, arguing on behalf of the government, stated that an appeal should have been submitted by Roopa Bangera either in the High Court or in the District Court.

Now that the High Court has transferred the case to the District Court, Gulzar Banu can continue as the mayor at least for the time being.