Petitioners, challenging an Administrator's actions denying their rights in a society election, sought withdrawal of writ due to election completion during pendency.
None. Writ petition dismissed as withdrawn by the petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:7051 WP No. 103660 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103660 OF 2023 (GM-KSR)
BETWEEN:
VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI MKANKUPPI Location: High Court of Karnataka, Dharwad
NC: 2023:KHC-D:7051 WP No. 103660 of 2023
AADARSH COLONY, VISHWESHWARAYYA NAGAR, BELAGAVI - 590019.
- 3 - NC: 2023:KHC-D:7051 WP No. 103660 of 2023
- 4 - NC: 2023:KHC-D:7051 WP No. 103660 of 2023
R/O: AMATOOR-591102, TALUK: BAILHONGAL,
DISTRICT: BELAGAVI.
NC: 2023:KHC-D:7051 WP No. 103660 of 2023
DISTRICT: BELAGAVI.
…PETITIONERS
(BY SRI SANKET M. YENAGI, ADVOCATE)
AND:
NC: 2023:KHC-D:7051 WP No. 103660 of 2023
TIPPIMATH, BILLUR GALLI, BAILHONGAL - 591102, BELAGAVI DISTRICT.
…RESPONDENTS
(BY SRI PRASHANTH V MOGALI, HCGP FOR R1 TO R3; SRI VIJAY B. PATIL, ADVOCATE FOR C/R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE NOTICE DATED 26.05.2023 AT ANNEXURE-ZJ CONVENING THE GENERAL BODY MEETING OF THE RESPONDENT NO.5 SOCIETY ON 20.06.2023 ISSUED BY THE RESPONDENT-4/ADMINISTRATOR IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE; CONSEQUENTLY, TO ISSUE A WRIT OF CERTIORARI QUASHING THE NOTICE OF ELECTION NOTIFICATION/CALENDAR OF DATES AT ANNEXURE-ZK DATED 06.06.2023 FOR THE ELECTION DATED 20.06.2023 PUBLISHED BY THE RESPONDENT-6 ELECTION OFFICER; TO ISSUE A WRIT OF CERTIORARI QUASHING THE PROVISIONAL ELIGIBLE VOTERS LIST DATED 02.06.2023 PUBLISHED BY THE RESPONDENT-4/ADMINISTRATOR AT ANNEXURE-ZL IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE; TO ISSUE A WRIT OF CERTIORARI QUASHING THE FINAL ELIGIBLE VOTERS LIST DATED 04.06.2023 PUBLISHED BY THE RESPONDENT4/ADMINISTRATOR AT ANNEXURE-ZM IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE AND ETC, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC-D:7051 WP No. 103660 of 2023
ORDER
Learned counsel for the petitioners files a memo seeking withdrawal of this writ petition.
"The Counsel for the petitioners respectfully submits as follows;
In view of the fact that, the petitioners being the Life Members of the respondent society, have, in this writ petition, challenged the respondent-4 Administrator's action of unlawfully denying the petitioners of their right to participate, vote & contest the election for the Management Committee of the Respondent Society scheduled on 20.06.2023.
Since the election for the Management Committee of the Respondent Society is completed during the pendency of present writ petition, the present writ petition has become infructuous and petitioners have been challenging the election along with the respondent-4 Administrator's action in accordance with law in a separate proceedings.
WHEREFORE, for the reasons stated above,
the petitioners humbly pray before this Hon'ble Court seeking permission to withdraw the present petition with a liberty to challenge the election results along with the respondent-4 Administrator's action in accordance with law in a separate proceedings by keeping all the contentions of the parties open, in the interest of justice and equity."
the memo on record, writ petition is dismissed as withdrawn.
Sd/JUDGE
AM List No.: 1 Sl No.: 8
Sri Ananth S/o. Ramachandrappa Gonabal
The State of Karnataka
Sri Ravindra Patil
Sri Neelakanteshwara Vidyavardhaka Samsthe Tippimath
Pradeep Singh Yerur
As recorded by the court registry
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