Sriram. S & Others vs State Of Karnataka & Others

Krishna S.Dixit, J

This petition seeks to lay a challenge to the imminent election of popular bodies to the 3rd Respondent-Society. The petitioner is essentially laying a challenge to the improper acceptance of nomination paper. Learned AGA on request accepts notice for Respondents 1 & Respondent No.3 is represented by a private counsel.

Both learned AGA and the private counsel oppose the petition contending that the writ petition is misconceived under Article 226 & 227 of the Constitution of India, inasmuch as, Respondents 3, 4 & 5 are not instrumentalities of the State in the light of the decision of the Apex Court in R.D.SHETTY vs. INTERNATIONAL AIRPORT AUTHORITY, AIR 1979 SC 1628 and therefore the challenge to the action in question is unsustainable.

Having heard the learned counsel for the parties and having perused the petition papers, this Court is broadly in agreement with the submissions made on behalf of the respondent consistent with the law laid down by the Apex Court in R.D.SHETTY supra and therefore, declines indulgence.

However the above having been said, , this Court finds prima facie some arguable case in view of the argued infirmities. Since the status of answering Respondents does not answer definition of state u/a 12 of the Constitution, indulgence is not granted.

In the above circumstances, this writ petition is disposed off reserving liberty to the petitioner to avail remedy of suit in accordance with law. All contentions in that connection are kept open.

Costs made easy.