- 1 - HC-KAR NC: 2026:KHC:35084 WP No. 8971 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8971 OF 2026 (GM-RES) BETWEEN: 1. MR. KARTHIKEYA P AGED ABOUT 42 YEARS, S/O SRI P PRABHAKARA RAO R/AT C2704, QUEENS GATE APARTMENT, HIRANANDANI BANNERGHATTA - QUEENSGATE, BEGUR VILLAGE, BANGALORE - 560076. 2. MR MANOJ JAIN, S/O GYAN CHANDRA JAIN AGED ABOUT 68 YEARS, R/AT FLAT NO C901 HOUSE OF HIRANANDANI, BEGUR - HULIVAMAVU ROAD, AKSHAYA NAGAR, BANGALORE SOUTH TALUK, BANGALORE - 560068 REGISTERED POA HOLDER OF A. VIBHOR JAIN B. DIVYANGANA JAIN 3. MR ASHISH SHAKYA, S/O D LAL SHAKYA, AGED ABOUT 41 YEARS, R/AT FLAT NO.C2703 HOUSE OF HIRANANDANI, BEGUR - HULIVAMAVU ROAD, AKSHAYA NAGAR, BANGALORE SOUTH TALUK, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35084 WP No. 8971 of 2026 BANGALORE - 560068. 4. DR.B.SRINIVAS KAKKILAYA AGED ABOUT 61 YEARS, S/O LATE B.V.KAKKILAYA, R/AT FLAT NO A1404 HOUSE OF HIRANANDANI, BEGUR HULIVAMAVU ROAD, AKSHAYA NAGAR, BANGALORE SOUTH TALUK, BANGALORE - 560068. 5. MR. RAHUL MEENA, S/O MR.SITA RAM MEENA, AGED ABOUT 32, FLAT NO.B1008, HOUSE OF HIRANANDANI, BEGUR-HULIMAVU ROAD, AKSHAYA NAGAR, BANGALORE SOUTH TALUK, BANGALORE - 560068. 6. SOHAM SURYAVANSHI AGED 31 YEARS S/O AWADHESH KUMAR SINGH FLAT NO C-401 HOUSE OF HIRANANDANI, BEGUR-HULIMAVU ROAD, BANGALORE SOUTH TALUK, AKSHAYA NAGAR, BANGALORE - 560068 …PETITIONERS (BY SRI. YADUNANDAN N., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY MINISTRY OF URBAN DEVELOPMENT AND TOWN PLANNING - 3 - HC-KAR NC: 2026:KHC:35084 WP No. 8971 of 2026 4TH FLOOR, VIKAS SOUDHA, BENGALURU, KARNATAKA - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. M/S. QUEENS GATE APARTMENTS OWNERS' ASSOCIATION AN ASSOCIATION REGISTERED UNDER KARNATAKA APARTMENT OWNERSHIP ACT REGD. NO.116/22-23 REGISTERED OFFICE AT, QUEENS GATE, HOUSE OF HIRANANDANI, BEGUR-HULIMAVU ROAD, AKSHAYA NAGAR, BANGALORE SOUTH TALUK, BANGALORE - 560068 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE/SECRETARY. 3. MR. INDRANIL GORAI PRESIDENT OF QUEENS GATE APARTMENTS OWNERS' ASSOCIATION, RESIDING AT FLAT NO.A2102 HOUSE OF HIRANANDANI, BEGUR-HULIMAVU ROAD, QUEENS GATE, AKSHAYA NAGAR, BANGALORE SOUTH TALUK, BANGALORE - 560068. - 4 - HC-KAR NC: 2026:KHC:35084 WP No. 8971 of 2026 4. MR.AMIT SURYA, SECRETARY OF QUEENS GATE APARTMENTS OWNERS' ASSOCIATION RESIDING AT FLAT NO.A1503 QUEENS GATE, HOUSE OF HIRANANDANI, BEGUR-HULIMAVU ROAD, AKSHAYA NAGAR, BANGALORE SOUTH TALUK, BANGALORE - 560068. …RESPONDENTS (BY SRI. MOHAMMED JAFAR SHAH, AGA FOR R1/STATE; V/O. DATED 10.07.2026, NOTICE TO R2 TO R4 DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ELECTION RESULT/DECLARATION DATED 08.02.2026 (ANNEXURE - E) AND ALL CONSEQUENTIAL PROCEEDINGS/ACTIONS INCLUDING THE SUPPLEMENTARY ELECTION PROCESS FOR MC14 AND MC15, THE RECONVENED GBM PROCEEDINGS DATED 15.02.2026, AS PER ANNEXURE-G AND THE CONSEQUENTIAL ELECTION OF OFFICE BEARERS PURSUANT THERETO AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 5 - HC-KAR NC: 2026:KHC:35084 WP No. 8971 of 2026 ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: i) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the Election Result/Declaration dated 08.02.2026 (Annexure E) and all consequential proceedings/actions including the supplementary election process for MC14 & MC15, the reconvened GBM proceedings dated 15.02.2026 as per Annexure-G, and the consequential election of office bearers pursuant thereto. ii) Issue a writ of certiorari or any other appropriate writ, order or direction declaring that the Karnataka State Cooperative Society is the Competent authority for redressal of grievances of those registered under the KAOA and that all the remedies/dipute resolution mechanism available in the Karnataka state cooperative societies act is applicable to those registered under the KAOA. iii) Issue a writ of mandamus directing the Respondent Association to conduct elections to the Management Committee strictly in accordance with the registered Deed of Declaration and Bye-laws, including eligibility, nominations, and voting (in person or through duly authorised proxy), and to ensure voting is conducted by secret paper ballot at a duly convened General Body Meeting. iv) And pass any such order as this Hon'ble Court deems fit. 2. Petitioners are members of the "Queens Gate Apartment Owners' Association", which has been registered vide a deed of declaration dated 07.04.2022 under the Karnataka Apartment Ownership Act, 1972. - 6 - HC-KAR NC: 2026:KHC:35084 WP No. 8971 of 2026 3. The contention of learned counsel for the petitioners is that the elections have not been held in a proper manner and as such, the petitioners not having an adequate remedy before the Registrar of Societies or Registrar of Co-operative Societies who has been declared to be the competent authority, is before this Court seeking for the aforesaid relief. 4. This Court is unable to accept the said submission of the learned counsel for the petitioners to make available a writ remedy under Articles 226 and 227 of the Constitution of India. The rights and obligations of each of the apartment owners is governed by the deed of declaration which has been registered as indicated supra. The deed of declaration is a contract between the parties and the implementation of the contract can only be made by way of a civil suit and not by way of a writ petition. That apart, what has been sought for is quashing the election result/declaration and all consequential proceedings including the - 7 - HC-KAR NC: 2026:KHC:35084 WP No. 8971 of 2026 supplementary election process which cannot be agitated by way of a writ petition since the same relates to disputed questions of facts and requiring trial. 5. Reserving liberty to the petitioners to agitate all grievances raised in the present matter before the appropriate forum, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE DS CT:TSM List No.: 1 Sl No.: 2