IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE Writ Petition No.1645 of 2019 AND WRIT PETITION NOS.2260-2266 OF 2019 (GM-RES) BETWEEN:
1. KARNATAKA CHALANACHITRA POSHAKA KALAVIDARA SANGHA (R) REPRESENTED BY ITS PRESIDENT MR. G S NATARAJ #10/1, 5TH CROSS SANTOSH LODGE COMPLEX OPP.NANDA HOTEL, GANDHINAGAR BENGALURU-560009 2. KARNATAKA CHALANACHITRA NRITHYA NIRDESHAKARA MATHU NRUTHYA KALAVIDARA SANGHA (R) REPRESENTED BY ITS PREISENT MR. Y GANESH #1/1, 2ND MAIN, GANDHINAGAR BENGALURU-560009 3. KARNATAKA CINE COSTUMES UNION (R) REPRESENTED BY ITS PRESIDENT MR. SHIVARAJU CELLER, HOTEL MOTHI MAHAL 4TH MAIN, GANDHINAGAR BENGALURU-560009 4. KARNATAKA CINE OUT DOOR UNIT TECHNICIANS UNION (R) REPRESENTED BY ITS SECRETARY MR. ARASU KUMAR #1/1, 2ND MAIN ROAD, GANDHINAGAR BENGALURU-560009 5. KARNATAKA CHALANACHITRA KANTADANA KIRUPATRA KALAVIDARA SANGHA (R) REPRESENTED BY ITS PRESIDENT MR. MANJUNATH B T NO.1/1, 2ND MAIN, GANDHINAGAR BANGALORE-560009 6. KARNATAKA CHALANACHITRA NIRMANA SAHAYAKARA SANGHA REPRESENT BY ITS PRESIDENT MR. MAHADEV @ KIKKI MAHADEV NO.1/1, 2ND MAIN, GANDHINAGAR BANGALORE-560009 7. KARNATAKA CHALANACHITRA SAHA SAYAKA NIRDESHAKARA SANGHA (R) REPRESENTED BY ITS GENERAL SECRETARY MR. RUDRESH NO.1/1, 2ND MAIN, GANDHINAGAR BANGALORE-560009 8. ALL KARNATAKA CINE STUNT DIRECTOR’S AND STUNT ARTIST’S ASSOCIATION (R) REPRESENTED BY ITS PRESIDENT MR. M E FAYAZ KHAN NO.61, AMOGH GOKUL PLAZA R V ROAD, BASAVANAGUDI BENGALURU-560004 ... PETITIONERS (BY SMT. RAKSHA KEERTHANA K., ADV. FOR SRI. SHANKARAIAH G., ADV.) AND 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY ADDITIONAL CHIEF SECRETARY LABOUR DEPARTMENT SECRETARY VIKASA SOUDHA, BENGALURU-560001 2. THE LABOUR COMMISSIONER KARMIKA BHAVANA ITI COMPOUND BANNERGHATTA ROAD BENGALURU-560029 3. THE ASSISTANT LABOUR COMMISSIONER SUB DIVISION-2 KARMIKA BHAVANA BANNARGHATTA ROAD BENGALURU-560029 ... RESPONDENTS (BY SRI. Y. D. HARSHA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS AS PER ANNEX-C, AMENDED BYE LAW AND DIRECT THE R-1 TO CONDUCT A FAIR ELECTION AND VIOLATION OF THE FUNDAMENTAL RIGHTS AND FOR THE GUIDANCE OF NEW BYE LAW AND ALSO DIRECT THE R-3 TO APPOINT THE ELECTION OFFICER.
THESE WRIT PETITIONS COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt. Raksha Keerthana, learned counsel for petitioners.
Sri. Y. D. Harsha, learned Additional Government Advocate for respondents.
2. Petitions are admitted for hearing. With consent of the parties, same are heard finally.
3. In these petitions, the petitioners inter alia seek for a writ of mandamus directing the respondent No.3, namely Assistant Labour Commissioner to ensure that fair election in respect of the petitioners – Karnataka Chalanachitra Karmikara Kalavidara Tantragnanara Okkoota, in accordance with the amended bye laws, is conducted.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the election of the aforesaid society was scheduled to be held in the year 2018. However, the aforesaid election was postponed on account of certain inevitable circumstances. It is further submitted that thereafter the election has not been held. It is also submitted that the petitioners be granted the liberty to submit representations with regard to their grievance to respondent No.3 and aforesaid authority be directed to decide the representations submitted by the petitioners, in accordance with law.
5. Learned Additional Government Advocate submits that suitable action in accordance with law shall be taken.
6. In view of the aforesaid submissions and in the facts of the case, writ petitions are disposed of with a direction that in case the petitioners submit representations with regard to their grievance to respondent No.3, the aforesaid authority shall take a decision on the representations which may be submitted by the petitioners, within a period of two months from the date of receipt of such representations. It is made clear that this Court has not expressed any opinion on the merits of the case.
7. Accordingly, the writ petitions are disposed of.
Sd/- JUDGE RD