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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