High CourtsDIVISION BENCH(2017) 07 KAR CK 0078

K.PRITHVIRAJ RAI vs THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO THE LAW DEPARTMENT, & ORS.

Karnataka High Court · Decided on 18 July 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, P.S.Dinesh Kumar
RESULT
Dismissed
CASE NUMBER
2278 of 2017 (GM-RES)

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Judgment

7 paragraphs · 233 words
1.

This appeal emerges out of an unfortunate litigation between some members of the Mangalore Bar Association for selection of the members of the committee and the office bearers of such association. In our view, this litigation could have been avoided.

2.

On December 17, 2016, there had been an election for selection of the members of the committee and the office bearers of the Mangalore Bar Association. The election was peacefully held. There was no problem insofar as the committee members of the association. However, there was a tie between Mr.M.R.Ballal and Mr.S.P.Chengappa for the post of President. The provision is to hold a lottery. Instead of lottery, there was re-election and Chengappa was elected.

3.

The Hon''ble Single Judge by the order impugned accepted, partially, the plea of the writ petitioner and set aside the re-election to the post of the President and directed to hold a lottery between Mr.M.R.Ballal and Mr.S.P.Chengappa.

4.

We have some doubt as to the maintainability of the writ petition. Be that as it may, there is a tie. The rule provides for lottery. The Hon''ble Single Judge directed holding of lottery.

5.

We do not find any merit in the appeal. The appeal is, therefore, dismissed.

6.

In view of dismissal of the appeal, the pending interlocutory application does not survive for consideration and is, also, dismissed.

7.

We make no order as to costs.