IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15th DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.398 OF 2019 (GM - WAKF) BETWEEN:
MR. R.ABDUL RIYAZ KHAN, S/O RAWOOF KHAN, AGED ABOUT 65 YEARS, NO.20/22, 2ND FLOOR, BYATTAPPA BUILDING, CUBBONPET MAIN ROAD, BENGALURU – 560 002.
... APPELLANT (BY SRI ASHOK HARANAHALLI, SR. ADVOCATE FOR SRI USMAN P, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, THE DEPARTMENT OF MINORITY WELFARE, HAJ AND WAKFS, VIKASA SOUDHA, BENGALURU – 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE REGIONAL COMMISSIONER, BENGALURU DIVISION, BENGALURU AND ELECTORAL REGISTRATION OFFICER, ELECTION TO THE KARNATAKA STATE BOARD OF AUQUF, 2ND FLOOR, BMTC BUILDING, K.H.ROAD, SHANTHINGAR, BENGALURU – 560 027.
3. KARNATAKA STATE BOARD OF AUQUF, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU – 560 051. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
4. MR.ASIF ALI SHAIKH HUSSAIN, S/O LATE SHAIKH HUSSAIN, AGED ABOUT 63 YEARS, R/AT-AMEENPUR STREET, GADAG ROAD, KOPPAL – 583 231.
... RESPONDENTS (BY SRI Y.H.VIJAY KUMAR, PRL. GA FOR R1 AND R2; SMT. S.R.ANURADHA, ADVOCATE FOR R3;
SRI JAYAKUMAR S PATIL, SR. ADVOCATE FOR SRI MOHD. TAHIR, ADVOCATE FOR R4) ---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 12.02.2019 PASSED IN WRIT PETITION NO.7330/2019 ON THE FILE OF THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal is presented challenging the interim order dated 12.02.2019 passed by the Hon’ble Single Judge in W.P.No.7330/2019.
2. Heard Sri Ashok Haranahalli, learned Senior Advocate for the appellant, Sri.Y.H.Vijay Kumar, learned Principal Government Advocate for the State, Smt.S.R.Anuradha, learned Advocate for respondent No.3 and Sri Jayakumar S,Patil, learned Senior Advocate for contesting respondent No.4.
3. The controversy in this appeal is with regard to the Election to the Karnataka State Board of Wakf from out of the members of the Bar council. The appellant has filed this writ appeal on the premise that there are two persons chosen out of the Electoral College from the Bar Council.
4. Sri.Jayakumar S.Patil, learned Advocate appearing for contesting respondent No.4 has placed before us the notification dated 07.02.2019, wherein the Electoral College of Member of Bar Council from Karnataka State is only one.
5. The Hon’ble Single Judge of this Court has held that since the election process has already been commenced, the election in question shall be subject to the outcome of the writ petition.
6. Under these circumstances, we decline to entertain this appeal. The writ appeal fails and it is accordingly dismissed.
In view of dismissal of the appeal, I.A.No.1/2019 does not survive for consideration and it is also dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VMB