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Judgment
Krishna S.Dixit, J
Petitioner seeks to lay a challenge to the acceptance of nomination papers filed by 4th respondent herein in the elections scheduled to be held on 21.11.2021 to the Respondent - Kannada Sahitya Parishath; learned counsel for the petitioner vehemently argues that under the bye-laws of the Parishath, the person who was holding the office of President, could not have again staked his claim for election at all; arguably it may be true.
Learned AGA on request having accepted notice for respondent Nos.1 to 3 opposes the Writ Petition contending that the 5th respondent Kannada Sahitya Parishath may not answer the description of "other authorities" u/a 12 of the Constitution in the light of decision of the Apex Court in R.D. Shetty Vs. International Airport Authority of India, AIR 1979 SC 1628 and therefore, no writ lies against the same; he further submits that regardless of the arguable status of the said respondent as an "instrumentality of State" who admittedly happens to be a society registered under the provisions of the Karnataka Societies Registration Act, 1960, the impugned order is not pregnant with sufficient public law elements and therefore, in view of decision of the Apex Court in LIC Vs. Escorts Limited (1986) 1 SCC 264, Writ Petition is not maintainable.
He also points out that the dispute of the kind can be adjudged by the Civil Courts; there is a lot of force in the above submission.
In the above circumstances, this Writ Petition is disposed off permitting the petitioner to raise an election dispute or put the election in challenge in the appropriate proceedings before an appropriate Forum.
Costs made easy.