Karnataka High Court
Sri Nagaraju C vs Doddaballapura Taluk Vakeelara ... on 18 November, 2023
Bench: Chief Justice, Krishna S Dixit
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WA No. 1438 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 1438 OF 2023 (GM-RES)
BETWEEN:
1. SRI NAGARAJU .C
S/O CHIKKAKAVALAPPA
AGED ABOUT 40 YEARS
R/AT KOLLURU
DODDABALLAPURA TALUK - 576 220.
2. SRI. MURALIDHAR R
S/O. T RAJKUMAR
AGED ABOUT 34 YEARS,
R/AT SHANTHI NAGAR,
DODDBALLAPURA TALUK - 576 220.
Digitally signed
by AMBIKA H B 3. SRI. ANANDAKUMAR A
Location: HIGH S/O ANJINAPPA
COURT OF
KARNATAKA AGED ABOUT 26 YEARS,
R/AT HASSNAGATA,
DODDABALLAPURA TALUK - 576 220.
4. SMT. VINUTHA S
W/O SHIVANNA
AGED ABOUT 25 YEARS
R/AT COURT ROAD,
ROJIPURA, DODDABALLAPURA TOWN
DODDABALLAPURA TALUK - 576 220.
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WA No. 1438 of 2023
5. KUM. ANUPAMA
D/O NAYARANAPPA
AGED ABOUT 28 YEARS
R/AT TALAGAVARA
DODDABALLAPURA TLAUK - 576 220.
6. SMT. PUSHPA B L
W/O LINGAPPA
AGED ABOUT 26 YEARS
R/AT KOLLURU
DODDABALLAPURA TALUK - 576 220.
7. SRI. SHIVAKUMAR N
S/O NANJUNDAPPA
AGED ABOUT 28 YEARS
R/AT VADARAHALLI
DODDABALLAPURA TALUK - 576 220.
8. SRI. ANIL KUMAR S.N.
S/O NIJGUNAYYA S.N.
AGED ABOUT 26 YEARS
R/AT KODIHALLI
DODDABALLAPURA TALUK - 576 220.
9. SRI. NAVEEN KUMAR K.R.
S/O RAMACHANDRAPPA K.M.
AGED ABOUT 27 YEARS
R/AT KARNALA
DODDABALLAPURA TALUK - 576 220.
10. SRI. RAGHU B
S/O BYALAPPA
AGED ABOUT 28 YEARS
R/AT BISUVANAHALLI
DODDABALLAPURA TALUK - 576 220.
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WA No. 1438 of 2023
11. SRI. AMBAREESHA C
S/O CHIKKANANJUNDAPPA
AGED ABOUT 28 YEARS
R/AT HIREMUDDENAHALLI
DODDABALLAPURA TALUK - 576 220.
12. SRI. MANJUNATHA R
S/O RAMAKRISHNAPPA
AGED ABOUT 26 YEARS
R/AT LAGUMENAHALLI
DODDABALLAPURATALUK - 576 200.
13. SRI. VIJAYAKUMAR M
S/O MUNISWAMY
AGED ABOUT 26 YEARS
R/AT DODDABALLAPURA TOWN
DODDABALLAPURA - 576 220.
14. SRI. SYED TANZEEM ULLA
S/O SYED ARIF ULLA
AGED ABOUT 32 YEARS
R/AT VINAYAKANAGAR
DODDABALLAPURA TALUK - 576 220.
15. SRI. SATISHRAJ C.N.
S/O C. NAGARAJU
AGED ABOUT 32 YEARS
R/AT THYAGARAJANAGAR
DODDABALLAPURA TALUK - 576 220.
16. KUM. INDU.S
D/O SUBRAYAPPA
AGED ABOUT 26 YEARS
R/AT VINAYAKANAGAR
DODDABALLAPURA TALUK
DODDABALLAPURA - 576 220.
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WA No. 1438 of 2023
17. KUM. CHAITHRA S.H.
D/O HANUMANTHARAYAPPA
AGED ABOUT 29 YEARS
R/AT SHIRAVARA,
DODDABALLAPURA TALUK
DODDABALLAPURA - 576 220.
18. SURIYA M.S.
D/O SRINIVAS
AGED ABOUT 28 YEARS
MAKALI, DODDDABALLAPURA TALUK
DODDABALLAPLURA - 576 220.
...APPELLANTS
(BY SRI SAGAR LADDA, ADVOCATE FOR
SRI SUNIL S. RAO., ADVOCATE)
AND:
1. DODDABALLAPURA TALUK VAKEELARA SANGHA (R)
DODDABALLAPURA COURT COMPLEX
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT
DODDABALLAPLURA - 561 203
CURRENTLY REPRESENTED
THE ADMINISTRATOR
ASST REGISTRAR, CO-OPERATIVE SOCIETIES
DODDABALLAPURA SUB DIVISION
DODDABALLAPURA - 561 203.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES
DODDABALLAPURA SUB DIVISION
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT
BANGALORE - 561 203.
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WA No. 1438 of 2023
3. THE ASSISTANT REGISTRAR
DODDABALLAPURA SUB-DIVISION
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT
BANGALORE - 561 203.
4. THE ADMINISTRATOR &
RETURNING OFFICER
DODDABALLAPURA TALUK
VAKEELARA SANGHA
DODDABALLAPURA SUB-DIVISION
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT
BANGALORE - 561203.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE
RECORDS IN W.P. No.25356/2023, PENDING BEFORE THE
SINGLE JUDGE OF THIS HONBLE COURT, b) SET ASIDE THE
IMPUGNED ORDER DATED 17.11.2023, PASSED IN
W.P.No.25356/2023.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
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WA No. 1438 of 2023
JUDGMENT
Heard Sri Sagar Ladda and Sri Sunil S. Rao, the learned
counsel appearing for the appellants.
2. The appellants/petitioners have challenged an order
dated 17.11.2023 passed by the learned Single Judge in
W.P.No.25356/2023 by which, the interim prayer sought for by
them to vote in the ensuing elections of respondent No.1 -
Doddaballapura Taluk Vakeelara Sangha (Bar Association)
which is scheduled on 20.11.2023 came to be rejected.
3. The learned counsel for the appellants, by inviting
our attention to the endorsement dated 02.11.2023
(Annexure-A), submits that the appellants are deprived of their
valuable right to vote in the ensuing elections on unsustainable
grounds. He submits that as the appellants are practising
advocates at Doddaballapura, they are entitled to become
primary members of the Doddaballapura Bar Association and
the bye-laws of the Bar Association also recognize their
membership. He further submits that the bye-laws do not
prevent an ordinary member to vote in the elections and there
is also no requirement that to exercise a vote in the elections,
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the ordinary member has to obtain life membership. The
learned counsel further submits that the appellants submitted
their applications to become life members of the Bar
Association within the term of office of the Governing Council
i.e., from 18.10.2020 to 17.10.2022. He also submits that
respondent No.4 -Administrator & Returning Officer excluded
the appellants from the eligible voters' list. He further submits
that as many as 18 members have approached this Court out of
24 members.
4. Admittedly, the writ petition is pending
consideration before the learned Single Judge. The learned
Single Judge has to assess the claim of the
appellants/petitioners on merits and by way of the order
impugned in the appeal, only the interim prayer made by the
appellants seeking permission to vote in the elections has been
rejected. Admittedly, respondent No.4-Administratror &
Returning Officer has been appointed to conduct elections on
the ground that the term of the earlier Governing Council had
expired. As such, the learned Additional Government Advocate
accepted notice for the respondents.
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5. In our opinion, the writ appeal can safely be
disposed of with the following directions:-
1) Respondent No.4 is directed to permit the
appellants to exercise their votes in the ensuing
elections of the Governing Council of respondent No.1
which is scheduled on 20.11.2023;
2) The votes exercised by the appellants shall
be kept separately in a sealed envelope;
3) If there is a marginal difference in the votes
obtained by the elected candidates and the defeated
candidates, then only the Administrator shall open the
sealed envelope for the purpose of declaration of
election results and if there is no such marginal
difference, there is no necessity for the Administrator
to open the sealed envelope.
With the above observations, the writ appeal is disposed
of.
The learned Additional Government Advocate submits
that respondent No.4-Smt. Sheela B.N., Assistant Registrar of
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WA No. 1438 of 2023
Co-operative Societies, Doddaballapura Sub-Division, is
personally present in this Court and a copy of the same would
be handed over to her to take appropriate steps in the matter.
Authenticated copies of this order shall be provided to the
learned counsel appearing for the parties.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
KPS
