WRIT PETITION NO. 8135 OF 2026 (GM-RES)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE CONDUCT OF A FRESH ELECTION TO THE MANAGING COMMITTEE/OFFICE BEARERS OF THE ABOVE UNION, ANNEXURE-A DATED 31.12.2025 UNDER THE SUPERVISION OF A GOVERNMENT ADMINISTRATIVE OFFICER/COMPETENT AUTHORITY AT BANGALORE, TO ENSURE FREE, FAIR AND TRANSPARENT ELECTIONS AND THE VENUE OF FRESH ELECTION SHOULD BE IN BENGALURU CITY, JURISDICTION OF REGISTERED OFFICE ORDER RECOVERY/DEPOSIT BACK OF THE AMOUNTS ILLEGALLY AND UNAUTHORISEDLY SPENT TOWARDS THE ALLEGED CONFERENCE/ELECTION HELD AT HYDERABAD, AMOUNTING TO APPROXIMATELY RS. 46,24,003-(RUPEES FORTY SIX LAKH TWENTY FOUR THOUSAND THREE RUPEES ONLY) ALONG WITH TA/DA AND OTHER INCIDENTAL EXPENSES, FROM THE PERSONS HELD RESPONSIBLE.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

1. Captioned petition is filed seeking the direction at the hands of this Court to direct the respondents to conduct election to the Managing Committee/office bearers of first respondent/Trade Union.

2. Learned counsel appearing for respondent No.1, on instructions, would submit that the petitioner has ceased to have any subsisting locus to maintain the present writ petition. Elaborating the said submission, he would contend that the petitioner is no longer a member of the Trade Union in question and that his engagement as a Pigmy agent, being purely on commission basis has already been terminated in accordance with the governing terms. Learned counsel appearing for the other respondents, while adopting the said line of argument, would further place strong reliance on the judgment rendered by this Court in Ideal Jawa Employees Association vs. Umesh and others¹ILR 1985 Kar 1080, to contend that disputes pertaining to the conduct of Trade Union elections do not fall within the ambit of writ jurisdiction under Article 226 of the Constitution of India and are therefore not amenable to adjudication before this Court.

3. Having bestowed anxious consideration to the submissions made by the learned counsel appearing for the respondents and on perusal of the material placed on record, this Court is of the considered opinion that the captioned petition is liable to be dismissed in limine on two short but substantial grounds. Firstly, the petitioner, who was engaged as a Pigmy agent on a commission basis, is stated to have been terminated from service and is no longer in the rolls of the institution, which fact is supported by the affidavit placed on record by the respondents. In the absence of any subsisting jural relationship, the petitioner cannot claim any enforceable right so as to invoke the extraordinary jurisdiction of this Court. Secondly, the grievance projected in the present writ petition relates to the conduct of elections to a Trade Union. In view of the law laid down by this Court in Ideal Jawa Employees Association vs. Umesh and others (supra) such disputes are held to be outside the purview of writ jurisdiction, as they pertain to internal management and electoral processes of a Trade Union, for which appropriate remedies are available under the relevant statutory framework or before competent forums.

4. In the light of the aforesaid twin grounds, this Court finds no merit in the writ petition. Accordingly, the writ petition stands dismissed in limine