IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.16490 OF 2019 (GM-RES) BETWEEN:
M.S.Shankaraiah, S/o Shivalingaiah, Aged 41 years, Advocate, Enrolment No.KAR No.2981/06, Residing at Madappanahalli, Doddamavathur Post, Huthridurga Hobli, Kunigal Taluk – 572 130. Tumkur District.
… Petitioner (By Smt.Lakshmi Iyengar, Sr. Advocate for Sri.Manjunatha Naik, Advocate) AND:
1. President, Kunigal Bar Association, Kunigal Taluk, Kunigal – 572 130.
2. The Election Officer, Mr.Abdul Robe, Kunigal Bar Association, Kunigal Taluk, Kunigal – 572 130.
3. The Secretary, Bar Council of Karnataka, Old K.G.I.D Building, Dr. Ambedkar Road, Benglauru – 560 001.
(Notice to respondents held sufficient v/o dated 25.04.2019) … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the Annexure-A i.e., the Calendar of Events dated 01.04.2019 reading the election to the office bearers of Kunigal Bar Association for the year 2019-20 scheduled to be held on 27.04.2018 issued by R-2 and etc.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER Smt.Lakshmi Iyengar, learned Senior Counsel for Sri.Manjunatha Naik, learned counsel for the petitioner.
Learned Senior counsel for the petitioner submits that the respondents have refused to accept hand summons. In view of the aforesaid submission, service of notice on respondents is held to be sufficient.
2. Records perused. The petition is admitted for hearing.
3. In this petition, the petitioner inter alia seeks for the following reliefs:
“i. Issue writ of certiorari to quash the Annexure-‘A’ i.e., the Calendar of Events dated 01.04.2019 reading the Election to the office bearers of Kunigal Bar Association for the year 2019-20 scheduled to be held on 27.04.2018 issued by the respondent No.2.
ii. Issue writ of certiorari to quash the Annexure-‘B’- the list of members prepared by the Respondent No.1 and the published by the Respondent No.2 eligible to caste vote in the election of the Kunigal Bar Association on 27.04.2019.
iii. Issue writ of mandamus directing the Respondent No.3 to hold an enquiry regarding the detailed verification of list of members of Kunigal Bar Association whether they are advocates or not.
iv. Issue writ of mandamus directing the Respondent No.1 and 2 to give voting rights to the petitioner in Kunigar Bar Association.”
4. When the matter was taken up today, learned Senior Counsel for the petitioner submitted that the writ petition be disposed of in the light of the decision rendered by this Court in the case of ‘K.N.SUBBAREDDY VS. ADVOCATES ASSOCIATION REPRESENTED BY THE SECRETARY OF THE ASSOCIATION AND OTHERS’, ILR 2009 KAR 1697.
5. In view of the aforesaid submission and for the reason assigned in the aforesaid order, the writ petition stands disposed of with a direction to the respondents to ensure that the elections are held in compliance with the directions issued by this Court in the case of ‘K.N.SUBBAREDDY VS. ADVOCATES ASSOCIATION REPRESENTED BY THE SECRETARY OF THE ASSOCIATION AND OTHERS’, ILR 2009 KAR 1697.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-