HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 50661 OF 2017 (GM-RES)

C/W WRIT PETITION NO. 55406 OF 2017 (GM-RES)

IN WP No. 50661/2017 BETWEEN:

1. SRI. G. MADHU S/O MAHABALESHWARAPPA AGED ABOUT 39 YEARS, R/O D.NO.1663/43

10TH CROSS, BHADRA P U COLLEGE ROAD SIDDAVEERAPPA BADAVANE DAVANAGERE TALUK AND DISTRICT - 577101.

Digitally signed by SHARMA ANAND CHAYA 2. SMT. GEETHA Location: HIGH W/O G. MADHU COURT OF KARNATAKA AGED ABOUT 35 YEARS, R/O D.NO.1663/43

10^TH CROSS, BHADRA P U COLLEGE ROAD SIDDAVEERAPPA BADAVANE DAVANAGERE TALUK AND DISTRICT - 577101.

…PETITIONERS (BY SMT. AISHWARYA HEGDE, ADVOCATE FOR SRI. SANTHOSH R. NELKUDRI, ADVOCATE)

HC-KAR AND:

1. STATE OF KARNATAKA REPRESENTED BY SECRETARY TO HEALTH AND FAMILY WELFARE DEPARTMENT, DR. AMBEDKAR ROAD BENGALURU-560 001.

2. DIRECTOR DEPARTMENT FOR THE EMPOWERMENT OF DIFFERENTLY ABLED AND SENIORS CITIZENS PODIUM BLOCK VISHVESWARAIAH TOWER DR. AMBEDKAR ROAD BENGALURU-560 001.

3. DEPUTY COMMISSIONER DAVANAGERE DISTIRCT DAVANAGERE-577001.

4. ASSISTANT COMMISSIONER DAVANAGERE SUB DIVISION DAVANAGERE-577001.

5. SRI MAHABALESHWARAPPA G.

S/O LATE GOWDRA KARIYAPPA AGED ABOUT 74 YEARS R/O D. NO.1663/43A

10^TH CROSS, BHADRA P U COLLEGE ROAD SIDDAVEERAPPA BADAVANE DAVANAGERE TALUK AND DISTRICT-577001.

6. SMT. KENCHAMMA W/O MAHABALESHWARAPPA G.

AGED ABOUT 64 YEARS R/O NO.1663/43A 10^TH CROSS, HC-KAR BHADRA P U COLLEGE ROAD SIDDAVEERAPPA BADAVANE DAVANAGERE TALUK AND DISTRICT-577001.

7. UNION OF INDIA REPRESENTED BY ITS SECRETARY TO LAW &

JUSTICE LEGISLATIVE DEPARTMENT, SHASTRI BHAVAN, 4TH FLOOR, DR. RAJENDRA PRASAD ROAD, NEW DELHI-110001.

…RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R4;

SRI. SHANTHI BHUSHAN H., DSGI FOR R7;

R5 AND R6 ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 17 OF THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007, BARRING THE REPRESENTATION BY THE LEGAL PRACTITIONERS BEFORE THE TRIBUNAL OR APPELLATE TRIBUNAL IS INVALID, WITHOUT AUTHORITY OF LAW AND ULTRA VIRES OF THE CONSTITUTION OF INDIA; AND ETC.

IN WP NO. 55406/2017 BETWEEN:

1. SMT. G. MADHU S/O MAHABALESHWARAPPA AGED ABOUT 39 YEARS, R/O D.NO.1663/43 HC-KAR

10^TH CROSS, BHADRA P U COLLEGE ROAD, SIDDAVEERAPPA BADAVANE DAVANAGERE TALUK AND DISTRICT.

2. SMT. GEETHA W/O G MADHU AGED ABOUT 35 YEARS, R/O D.NO.1663/43

10^TH CROSS, BHADRA P U COLLEGE ROAD, SIDDAVEERAPPA BADAVANE DAVANAGERE TALUK AND DISTRICT.

...PETITIONERS (BY SMT. AISHWARYA HEGDE, ADVOCATE FOR SRI. SANTHOSH R. NELKUDRI, ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY SECRETARY TO HEALTH AND FAMILY WELFARE DEPARTMENT, DR.AMBEDKAR ROAD BENGALURU-560 001.

2. DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE-577001.

3. ASSISTANT COMMISSIONER DAVANAGERE SUB DIVISION, DAVANAGERE-577001.

4. SRI. MAHABALESHWARAPPA G S/O LATE GOWDRA KARIYAPPA AGED ABOUT 74 YEARS, R/O D.NO.1663/43A, 10^TH CROSS, BHADRA P U COLLEGE ROAD, HC-KAR SIDDAVEERAPPA BADAVANE DAVANAGERE TALUK AND DISTRICT.

5. SMT. KENCHAMMA W/O MAHABALESHWARAPPA G.

AGED ABOUT 64 YEARS, R/O D.NO.1663/43A

10TH CROSS, BHADRA P U COLLEGE ROAD, SIDDAVEERAPPA BADAVANE DAVANAGERE TALUK AND DISTRICT.

...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3;

SRI. JAGADEESHGOUD PATIL, ADVOCATE FOR C/R4 & R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.11.2017 PASSED BY RESPONDENT NO.3 VIDE ANNEXURE-P.

THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

IN W.P. No.50661/2017:

1. In this writ petition, petitioners have questioned the vires of Section 17 of the Maintenance and Welfare of Parents and HC-KAR Senior Citizens Act, 2007 (hereinafter referred to as 'the Act'), barring the representation by the Legal Practitioners before the Tribunal or Appellate Trib