IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.9944 OF 2019 (GM-RES-PIL) BETWEEN:
MR.BHIMA @ M.BHIMAIAH S/O.LATE MALVAIAH AGED ABOUT 61 YEARS MEMBER, VOKKALIGARA GENERAL STUDENTS HOSTEL LALAGATTA VILLAGE CHENNAPATNA TALUK RAMANAGAR DISTRICT ... PETITIONER (BY SRI SYED ABDUL SABOOR, ADVOCATE) AND:
1. THE SECRETARY/PRESIDENT VOKKALIGARA GENERAL STUDENTS HOSTEL, J.C.ROAD CHANNAPATNA TOWN RAMANAGARA DISTRICT 2. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES & DISTRICT REGISTRAR OF SOCIETIES, 3RD FLOOR ROOM NO.401, B.M.ROAD RAMANAGAR-560 056 3. THE SECRETARY COOPERATION DEPARTMENT M.S.BUILDING GOVERNMENT OF KARNATAKA BANGALORE-560 001 ... RESPONDENTS (BY SRI D.NAGARAJ, AGA FOR R2 AND R3) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO RESPONDENT NO.1 TO ALLOW THE PETITIONER AND OTHER MEMBERS OF THE SANGHA TO CONTEST THE NEXT ELECTION OF DIRECTORSHIP IN THE SANGHA.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioner.
A writ of mandamus is prayed for against the first respondent. There are no assertions in the petition that the first respondent is a ‘State’ within the meaning of Article 12 of the Constitution of India or is an ‘agency’ or ‘instrumentality’ of the State. Hence, a writ of mandamus cannot be issued against the first respondent. Only on that ground, we decline to entertain this writ petition under Article 226 of the Constitution of India. Accordingly, the petition is rejected. However, no adjudication is made on the merits of the grievances made in this petition.
Sd/- CHIEF JUSTICE Sd/- JUDGE LB