- 1 - HC-KAR NC: 2026:KHC:7461 WP No. 3847 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 3847 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. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7461 WP No. 3847 of 2026 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, 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. MR. SOHAM SURYAVANSHI AGED ABOUT 31 YEARS S/O AWADHESH KUMAR SINGH, FLAT NO. C401, - 3 - HC-KAR NC: 2026:KHC:7461 WP No. 3847 of 2026 HOUSE OF HIRANANDARI, BENGALURU-560 068. …PETITIONERS (BY SRI. YADUNANDAN N.,ADVOCATE) AND: 1. M/S QUEES 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. 2. MS. INDARANI GORAI PRESIDENT OF QUEENS GATE APARTMENT OF OWNERS ASSOCIATION, RESIDING AT FLAT NO.A2102 QUEENS GATE, HOUSE OF HIRANANDANI, BEGUR-HULIMAVU ROAD, AKSHAYA NAGAR, - 4 - HC-KAR NC: 2026:KHC:7461 WP No. 3847 of 2026 BANGALORE SOUTH TALUK, BANGALORE 560068. 3. 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 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- I) QUASHING THE ELECTION NOTIFICATION/NOTICE DATED 08.01.2026 (ANNEXURE -B) AND THE ELECTION RULES/ANNEXURE-2 (ANNEXURE -D), INSOFAR AS THEY MANDATE OR PERMIT ELECTRONIC VOTING THROUGH THE MYGATE PLATFORM, DISPENSE WITH THE PROXY MECHANISM, IMPOSE A REQUIREMENT TO VOTE FOR 15 CANDIDATES, AND DISQUALIFY DEEMED MEMBERS/POWER-OF- ATTORNEY HOLDERS FROM CONTESTING, AS BEING CONTRARY TO THE REGISTERED BYE-LAWS AND SECTION 16 OF THE KARNATAKA APARTMENT - 5 - HC-KAR NC: 2026:KHC:7461 WP No. 3847 of 2026 OWNERSHIP ACT, 1972 AND CONSEQUENTLY NULL AND OF NO EFFECT; II) 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; III) AND FURTHER DIRECT THAT SUCH ELECTIONS BE SUPERVISED BY AN INDEPENDENT RETURNING OFFICER OR ANY OTHER AUTHORITY THIS HONBLE COURT DEEMS APPROPRIATE, AND THAT THE ENTIRE PROCESS BE COMPLETED WITHIN A TIME-FRAME FIXED BY THIS HONBLE COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 6 - HC-KAR NC: 2026:KHC:7461 WP No. 3847 of 2026 ORAL ORDER After being heard for some time, Sri Yadunandan N, the learned counsel for the petitioners, submits that, given the petitioners' grievance with the lack of an effective adjudicatory process when there are disputes about the manner in which the affairs of a 'Society' constituted for the welfare of the Apartment Owners' Unit are conducted, that the petitioners may be permitted to withdraw the petition with liberty to file a comprehensive petition. The request is accepted, and the petition stands disposed of with liberty to the petitioners, subject to all just exceptions, to file a comprehensive petition. SD/- (B M SHYAM PRASAD) JUDGE AN/-