IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos.35382-35384/2018 (GM-KSR) BETWEEN 1. SMT. MAMATHA P. SHETTY W/O PRABHAKARA D. SHETTY AGED ABOUT 40 YEARS RESIDING AT ‘MAMATHA HOUSE’, LIC COLONY SRINAGARA THENKANEDIYOOR POST UDUPI TALUK AND DISTRICT-576106.
2. SMT. LATHA N. ANCHAN W/O. NARAYAN ANCHAN AGED ABOUT 47 YEARS R/AT ‘RADHA NIVAS’ LAKSHMI NAGARA 2ND CROSS, THENKANEDIYOOR POST UDUPI TALUK AND DISTRICT-576106.
3. SMT. SUJATHA W/O. SRI BHASKAR POOJARI AGED ABOUT 39 YEARS R/AT ‘LAKSHMI NIVAS’ 3RD CROSS, LAKSHMI NAGAR, THENKANEDIYOOR POST UDUPI TALUK AND DISTRICT-576106. ... PETITIONERS (BY SRI K CHANDRASHEKAR ACHAR, ADV.)
(BY SRI VIJAY KUMAR A.PATIL, AGA. FOR R1 & R2, SRI. AMRUTESH.C, ADV. FOR R3.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 'NIL' ISSUED BY R-3 BY FIXING THE GENERAL BODY MEETING AND ELECTION ON 16.8.2018 VIDE ANNEX-P ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.K.Chandrashekar Achar, learned counsel for the petition.
Sri.Amrutesh.C, learned counsel for respondent No.3.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent Nos.1 & 2.
2. The writ petitions are admitted for hearing. With the consent of the parties, the matters are heard finally.
3. In these petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has inter alia prayed for the following reliefs:
“a. Issue a writ of certiorari or any other writ or direction to quash the notice dated ‘nil’ issued by Respondent No.3 by fixing the General Body Meeting and election on 16-08-2018, True Copy of which is produced as Annexure-P.
b. Issue a writ of mandamus or any other writ or direction to the respondent No.2 to appoint election officer or administrator to conduct election in General Body Meeting of the respondent No.3 by finalizing the list of voters by considering the legal notice dt:7-7-2018 issued by the petitioners as per annexure-M and to grant such other further reliefs as this Hon’ble court deem fit to grant under the circumstances of the case, in the interest of justice.”
4. I have heard the learned counsel for the parties at length.
5. In view of ad-interim order passed by the Bench of this Court on 14.08.2018, the first relief claimed in the petition has rendered infructuous.
6. So far as the second relief is concerned, I deem it appropriate to dispose of the writ petitions with a direction to respondent No.3 to hold the election as per the Bye-laws of the Society. In case, the petitioner is aggrieved by any of the affairs of respondent No.3-Society, he is at liberty to take recourse to the remedy provided under the provisions of Karnataka Societies Registration Act, 1960.
Accordingly, the petition is disposed of.
Sd/- JUDGE VM CT-HR