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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIBHU BAKHRU, C.M.JOSHI
Karnataka Pradesha Balija Sangha Anekal Thimmaiah Charities Trust – Appellant
Versus
Venugopal C. S/o Sri Channakrishnappa – Respondent
| Table of Content |
|---|
| 1. interim orders affecting election process. (Para 1 , 2 , 3 , 4) |
| 2. dispute relates to membership inclusion. (Para 5 , 6 , 7 , 8) |
| 3. elections should not be hindered once started. (Para 9 , 10 , 11 , 12 , 13) |
| 4. no grounds to interfere with election process. (Para 14) |
| 5. appeal disposed of. (Para 15 , 16) |
j
JUDGMENT :
VIBHU BAKHRU, C.J.
1. The appellants have filed the present appeal impugning an interim order dated 01.08.2025 passed by the learned Single in Writ Petition No.22553/2025.
2. Respondent Nos.1 to 7 – claiming to be aspirants of membership of appellant No.1 and desirous of contesting the elections of office bearers of the governing body of appellant –have preferred the said petition inter alia praying as under:
"a) Issue a writ in the nature of certiorari quashing the notice Annual General Meeting and calendar of events dated 14-07-2025 published by the Returning Officer i.e., the Respondent No.3 herein, vide Annexure-R.
b) Issue the writ in the nature of mandamus directing the Respondent No.3, 4 & 5 to conduct the election of respondent No.4 after complying with the direction contained under the order dated 28-05-2025 passed in W.A No.280/2025 C/W 234/2025 updat
Election processes should not be interrupted after commencement, emphasizing the importance of expediency and the definitive preparation stages of electoral rolls.
The court emphasized the importance of purity and sanctity of the election process and the circumstances under which the court can interfere in the election process.
once an election process has been set in motion, though the High Court may entertain or may have already entertained a writ petition, it would not be justified in interfering with the election proces....
The Court affirmed that judicial review under Article 226 ensures fair elections, emphasizing the need for accurate voters' lists and allowing intervention only to rectify significant irregularities.
The court emphasized that judicial intervention is warranted in election matters when there are clear violations of statutory provisions, despite the general principle of non-interference in ongoing ....
The election jurisprudence, its principles and the applicability of election laws have different delineations and dimensions. They indeed operate, and has to be allowed to operate in their own way so....
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