Iresgh Basappa Anchatageri vs. Mallappa

ITEM NO.48 COURT NO.9 SECTION IVA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No.1605/2023

(Arising out of impugned final judgment and order dated 16122022 in IA No. 5/2022 passed by the High Court of Karnataka Circuit Bench at Dharwad)

IRESGH BASAPPA ANCHATAGERI & ORS. Petitioner(s)

VERSUS

MALLAPPA & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.18696/2023EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.18695/2023PERMISSION TO FILE SPECIAL LEAVE PETITION)

WITH SLP(C) No. 1850/2023 (IVA) (FOR ADMISSION)

Date : 30012023 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.K. MAHESHWARI

For Petitioner(s)

Mr. S.S. Nananand, Sr. Adv. Mr. A.N.S. Nadkarni, Sr Adv. Mr. Raghavendra S. Srivatsa, AOR Mr. Venkita Subramoniam T.R., Adv. Mr. Likhi Chand Bonsle, Adv. Komal Mundhra, Adv.

Mr. Shailesh Madiyal, AOR Mr. A.n.s. Nadkarni, Sr. Adv. Mr. Shailesh Madiyal, Adv. Mr. Vaibhav Sabharwal, Adv. Mr. Vinayaka S Pandit, Adv. Mr. Akshay Kumar, Adv. Mr. Rajan Parmar, Adv.

For Respondent(s)

Digitally signed by VISHAL ANAND Date: 2023.01.31 19:07:11 IST Reason:

Signature Not Verified

Mr. Tushar Mehta, SG Mr. Chandrashekhar A. Chakalabbi, Adv. Ms. Purnima Bhat, AOR

Mr. Basavapeabhu Patil, Sr. Adv. Ms. Supreeta Sharanagouda, AOR Mr. Sharanagouda Patil, Adv. Mr. Sharanagouda, Adv. Mr. Gangadhar Gm, Adv. Mr. Gangadhar Jm, Adv. Mr. Sunil Desai, Adv.

UPON hearing the counsel the Court made the following O R D E R

1. Application seeking permission to file the Special Leave Petition is granted in Special Leave Petition (C) (Diary) No.1605/2023.

2. Application seeking exemption from filing certified copy of the impugned Order is allowed.

3. We have heard learned Senior counsel appearing for the petitioners, learned Senior counsel/learned counsel representing (i) Sri Mallappa and (ii) Dakshina Bharata Hindi Prachar Sabha, who are on caveat, learned Solicitor General appearing for the Central Sabha and perused the material placed on record .

4. It is not in dispute that the Writ Appeals filed by the petitioners (other than Central Sabha) against the Order of the learned Single Judge are still pending before the High Court of Karnataka, Circuit Bench at Dharwad.

5. By way of the impugned interlocutory Order, the Division Bench of the High Court has vacated the interim stay and permitted to hold election of the Pranteeya Sabha on the basis of voter list as it existed before 23052020.

6. Since the entitlement of the petitioners for inclusion in the list of valid voters is yet to be adjudicated by the High Court in pending Writ Appeals, we deem it appropriate to dispose of these Special Leave Petitions with a clarification that the election to be held pursuant to the directions issued by the learned Single Judge, shall be without prejudice to the legal rights of the petitioners in the pending writ appeals.

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7. It goes without saying that if the petitioners succeed in their Writ Appeals, the necessary consequences shall follow.

8. The Division Bench of the High Court is requested to decide the Writ Appeals expeditiously and without adverting to the prima facie observations made by it in the impugned Order dated 16122022.

9. The Central Sabha shall be at liberty to approach the High Court by way of Writ Appeals to establish its competence to nominate members of the Pranteeya Sabha, and also to seek any interim relief before the High Court. Such pleas shall be examined independently and in accordance with law, regardless of the impugned Order dated 16122022.

(VISHAL ANAND) (PREETHI T.C.) ASTT. REGISTRARcumPS COURT MASTER (NSH)