- 1 - HC-KAR NC: 2026:KHC:14684 WP No. 9873 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9873 OF 2023 (GM-KSR) BETWEEN: 1. MR. SALMAN SHARIFF S/O DR. SUBHAN SHARIFF AGED ABOUT 40 YEARS, R/AT NO-26, D STREET, BAIDERAHALLIL, HARRIS ROAD CROSS, BENSON TOWN, BANGALORE 560046 2. MR. IMRAN SHARIFF S/O DR. SUBHAN SHARIFF AGED ABOUT 42 YEARS, R/AT NO-26, D STREET, BAIDERAHALLI, HARRIS ROAD CROSS, BENSON TOWN, BANGALORE 560046. 3. MR. NUMAN SHARIFF, S/O DR. SUBHAN SHARIFF AGED ABOUT 42 YEARS, R/AT NO-26, D STREET, BAIDERAHALLI, HARRIS ROAD CROSS, BENSON TOWN, BANGALORE 560046 …PETITIONERS (BY SRI. SYED PEER ULLA SHA KHADRI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14684 WP No. 9873 of 2023 REPRESENTED BY CHIEF SECRETARY M.S. BUILDING, AMBEDKAR VEEEDHI, BENGALURU - 560001 2. THE REGISTRAR, THE REGISTRAR OF SOCIETIES, 2ND FLOOR, 8TH CROSS, 3RD MAIN, MALLESHWARAM, BANGALORE-560003 3. M/S. AL AMEEN EDUCATIONAL SOCIETY, AL-AMEEN CAMPUS, HOSUR ROAD (NEAR LALBAGH MAIN GATE) REPRESENTED BY ITS SECRETARY MR. ZUBAIR ANWAR …RESPONDENTS (BY SRI.MAHANTESH SHETTAR, A.G.A. FOR R1 & R2; SRI.SYED MUNAVER S.I., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE / QUASH THE ELECTION NOTICE DT. 25.04.2023 ISSUED IN SALAR DAILY BENGALURU NEWSPAPER DT. 29.04.2023 ANNEXURE-G TILL THE DISPOSAL OF THE DISPUTE NO. DRB-2/S.O.R/DURU/05/22-23 FILED BY THE PETITIONERS BEFORE THE R2 AUTHORITY AGAINST R3 VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR 'DISMISSAL', THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:14684 WP No. 9873 of 2023 ORAL ORDER The present Writ Petition is filed seeking following prayers:- “WHEREFORE, the petitioner most humbly prays that this Hon’ble Court be please to: a) Issue a writ of certiorari to set aside / quash the Election Notice dated 25.04.2023 issued in "SALAR DAILY BENGALURU" newspaper dated 29.04.2023 (Annexure-G) till the disposal of the Dispute no.DRB-2/S.O.R/DURU/05/22-23 filed by the petitioners before the respondent no.2 authority against respondent no.3 vide Annexure-F; b) Issue a writ of mandamus directing the respondent no.3 to reinstate the petitioners as the Life Members of the Al-Ameen Educational Society by declaring their removal from their respective membership as illegal and arbitrary; c) Issue a writ of mandamus directing the respondent no.3 not to restrain the petitioners from filling their Nominations and contesting in Election of Executive Council Committee 2023- 2028. d) Issue any other writ or direction to the respondents as deem fit on the facts and circumstances by the Hon;ble Court in the interest of Justice.” 2. As far as prayer (a) is concerned, it is to set aside the election notice dated 25.04.2023. Elections were completed. Nothing survives for consideration. - 4 - HC-KAR NC: 2026:KHC:14684 WP No. 9873 of 2023 3. Then coming to prayer (b), petitioners are seeking a mandamus directing respondent No.3 to reinstate the petitioner as the Life Members of the respondent No.3-Society. Respondent No.3/Educational Society is a Private Society and is not questioning the action of the official respondent i.e., respondents Nos.1 and 2. This Court cannot issue a mandamus to respondent No.3. 4. The prayer (c) is to issue a writ of mandamus directing respondent no.3 not to restrain the petitioners from filing their Nominations and contesting the election of Executive Council Committee. This relief is also against respondent No.3. 5. Against respondent No.3, a writ of mandamus does not lie. Further, if there is any inaction on the part of respondents Nos.1 and 3, this Court would have entertained the Writ Petition. 6. In these circumstances, the reliefs as prayed before this Court are not maintainable. In that view of the matter this Court is passing the following : - 5 - HC-KAR NC: 2026:KHC:14684 WP No. 9873 of 2023 ORDER i. The Writ Petition is dismissed as not maintainable. ii. However, if there is any cause of action for the petitioners, they can avail the appropriate remedy. iii. All pending IAs., if any, in the petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE HNM List No.: 1 Sl No.: 3