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In the High Court of Karnataka at Bangalore

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In the High Court of Karnataka at Bangalore 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 24TH DAY OF APRIL 2013 PRESENT THE HON' BLE MR.D.H.WAGHELA, CHIEF JUSTICE AND THE HON' BLE MRS.JUSTICE B.V.NAGARATHNA WRIT APPEAL NO.2897/2013 (GM-KSR) BETWEEN S N SRIDEVI @ SRIDEVI RAO D/O PROF. M.S. NANJUNDA RAO AGED ABOUT 41 YEARS VENUGOPALA LAYOUT, R.T. NAGAR BANGALORE-560032 ... APPELLANT (BY SRI M T NANAIAH, SR.CL. FOR M/S.M.T.NANAIAH ASSOCIATES, ADVS.,) AND 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO CO-OPERATION DEPARTMENT VIDHANA SOUDHA, M.S. BUILDING BANGALORE-560001 2. THE REGISTRAR OF SOCIETIES CONCURRENTLY REGISTRAR OF CO-OPERATIVE SOCIETY ALI ASKAR ROAD, BANGALORE-560001 3. KARNATAKA CHITRAKALA PARISHATH ART COMPLEX (A REGISTERED SOCIETIES) KUMARAKRUPA ROAD, BANGALORE-560001 BY ITS ADMINISTRATIVE OFFICER 2 4. SRI SHANKARLINGE GOWDA M K THE ADMINISTRATIVE OFFICER KARNATAKA CHITRAKALA PARISHATH ART COMPLEX, KUMARA KRUPA ROAD BANGALORE-560001 5. THE CHIEF ADMINISTRATIVE OFFICER KARNATAKA CHITRAKALA PARISHATH KUMARA KRUPA ROAD, BANGALORE-560001 6. KAMALA VENKATARAMAN AGED ABOUT 75 YEARS W/O V.S.VENKATARAMAN NO.387, 8TH MAIN ROAD MILK COLONY BANGALORE-560055 7. G.N. SATHYANARAYANA AGED ABOUT 67 YEARS S/O LATE NARASIMHAIAH, NO.41 BETWEEN 6TH AND 7TH CROSS MALLESHWARAM, BANGALORE-560003 8. S. RAMASUBRAMANIAN AGED ABOUT 66 YEARS S/O P.R. SRINIVASAN MF/15-5, BDA FLATS BTM LAYOUT, II STAGE BANNERGHATTA ROAD BANGALORE-560076 9. P.R. RAJASHEKHAR AGED ABOUT 76 YEARS S/O PUTTAPPA NO.1, G.R. BLOCK, 4TH MAIN SANTHRUPTHI NAGAR, 7TH PHASE J.P.NAGAR, BANGALORE-560078 ... RESPONDENTS (BY SRI B.VEERAPPA, AGA FOR R-1 & 2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.15054/2013 DATED 05/04/2013. 3 THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING: JUDGMENT D.H.WAGHELA, CJ (Oral) 1. The appellant herein was the petitioner before learned Single Judge in Writ Petition No.15054/2013 and upon that petition being dismissed with necessary observations on 05.04.2013, she has filed the present appeal. 2. Her case appears to be that, in the voters’ list for election to respondent No.3, there are members who are not eligible to vote. Admittedly, the appellant herein has filed Original Suit No.8862/2011 before the Civil Court for declaration that defendant Nos.2 to 57 therein were not ordinary members/life members of respondent No.3 and claimed consequential reliefs on that basis. 3. As noted by learned Single Judge in the impugned order, the petition of the appellant was an indirect attempt at circumventing the previous order dated 18.02.2013 whereby, the holding of election was ordered at the end of maximum term for which administrator could have been appointed. Under the circumstances, the petition was legally liable to be dismissed on various grounds. However, 4 it is clarified in the impugned order itself that, it is open for the petitioner to take appropriate steps before the appropriate authorities, in case she has any grievance about the electoral roll. It is also clarified that, the election will have to be held in accordance with law. 4. Under the circumstances, no ground having been made out to interfere with the impugned order, the appeal is dismissed along with the interlocutory application therein. It is clarified that, it would be open for the petitioner to press for hearing and appropriate interim orders in the pending civil suit and the dismissal of the appeal would not come in the way of the petitioner obtaining any interim relief, as may be found to be appropriate in law. Sd/- CHIEF JUSTICE Sd/- JUDGE bkv .
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