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HIGH COURT OF KARNATAKA
KRISHNA S DIXIT
SRI PUTTARAJEGOWDA – Appellant
Versus
STATE OF KARNATAKA – Respondent


The petitioner is presenting this writ petition with the

following prayers:

i.

Issue Writ of Certiorari or such other appropriate

Writ or Orders quashing the notification at

Annexure-H dated 29/07/2022, issued by the

Respondent No.3/ Returning Officer herein;

ii.

Alternatively, issue Writ of Mandamus directing

the Respondent No.1 and 3 to conduct the

election of office bearers in accordance with the

provisions of the bye-law;

iii.

pass such other Order/s deemed to fit in the

circumstances of the case.

2.

Learned HCGP appears for respondent Nos.1 to 3

and respondent Nos.5 to 7 have entered caveat through

their counsel. Learned HCGP and the private counsel

oppose the writ petition contending that the action sought

to be challenged in this writ petition is not “pregnant with

the sufficient elements of public law” in the light of decision

of Apex court in LIC OF INDIA VS ESCORTS LTD, (1986)

1 SCC 264 and therefore, no writ lies under Articles 226 &

227 of the Constitution of India. They also bank upon the

amended bye-laws of the respondent society which

4

apparently provide for voting and contesting rights to the

associate members as well.

3.

Having heard the learned counsel for th

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