- 1 - HC-KAR NC: 2026:KHC:21502 WP No. 9998 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9998 OF 2026 (GM-RES) BETWEEN: DR. VEERABRAMHACHARY S/O LATE NARAYANACHARY, AGED ABOUT 64 YEARS, R/AT, NO.46B, 26, DEVINA KPT SHRUSTI, MANIVILAS GARDEN, KAMALANAGAR, BANGALORE - 560 079. …PETITIONER (BY SRI. VIJAYA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPT. OF HEALTH AND FAMILY WELFARE, REPRESENT BY PRINCIPAL SECRETARY, VIKASA SOUDA, BANGALORE - 560 001. 2. KARNATAKA BOARD OF HOMEOPATHIC SYSTEM OF MEDICINE REP. BY ITS REUTUNING OFFICER/REGISTRAR DHANAVANTRI ROAD, OPP TO BMTC BUS STAND, BANGALORE - 560 001. …RESPONDENTS (BY SRI. ADITYA DIWAKAR, AGA FOR R1; SRI. PRASANNA V.R, ADVOCATE FOR R2) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21502 WP No. 9998 of 2026 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO PUBLISH THE LIST OF ELECTED MEMBERS OF THE 2ND RESPONDENT BOARD IN THE OFFICIAL GAZETTE, IN TERM OF RULE 14(B) OF THE KARNATAKA BOARD OF HOMEOPATHIC SYSTEM OF MEDICINE AND COURT OF EXAMINERS (ELECTION RULES) 1964 (VIDE ANNEXURE-G) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The caption petition is by an elected member of respondent no.2/Board, who is aggrieved by the inaction on the part of respondent no.1 in not publishing the names of persons elected as members of respondent no.2/Board despite the returning officer sending the list of elected members in terms of Rule 14(b) of the Karnataka Board of Homeopathic System of Medicine and Court of Examiners (Election) Rules, 1964 (for short, 'Rules, 1964'). - 3 - HC-KAR NC: 2026:KHC:21502 WP No. 9998 of 2026 2. Heard learned counsel appearing for the petitioner, learned AGA appearing for respondent no.1 and learned counsel appearing for respondent no.2/Board. 3. Upon meticulous perusal of the material placed on record, it emerges that respondent No.2, in due compliance with the statutory mandate, initiated the electoral process by issuing a calendar of events through paper publication dated 16.04.2022. The records further disclose that the electoral process culminated in the declaration of results on 02.06.2022, wherein the petitioner has secured 2212 votes and is placed in the third position amongst the successful candidates. It is also not in dispute that, post declaration of results, respondent No.2 has forwarded the list of duly elected members to respondent No.1 with a specific request to notify the same in the Official Gazette, as contemplated under Rule 14(b) of the Rules, 1964. 4. Notwithstanding such compliance by the Returning Officer, there is a conspicuous and unexplained inaction on the part of respondent No.1 in not effectuating publication of the elected members in the Official Gazette, as mandated under Rule 14 of the Rules, 1964. This omission, in the considered - 4 - HC-KAR NC: 2026:KHC:21502 WP No. 9998 of 2026 opinion of this Court, defeats the very object of the statutory scheme governing elections, as publication in the Official Gazette is not a mere formality, but a sine qua non for according legal sanctity and finality to the electoral process. 5. The petitioner, being an elected candidate, has thus acquired a vested legal right to seek enforcement of the statutory duty cast upon respondent No.1. Correspondingly, respondent No.1, having received the list of elected members from respondent No.2, is under a bounden obligation to act in accordance with law and ensure timely publication in the Official Gazette. The failure to discharge such statutory duty, without any justifiable cause, squarely attracts the writ jurisdiction of this Court under Article 226 of the Constitution of India, warranting issuance of a writ of mandamus. 6. In that view of the matter, this Court is satisfied that the present case is a fit one for interference, as the inaction of respondent No.1 is arbitrary, unjustified, and contrary to the statutory framework. - 5 - HC-KAR NC: 2026:KHC:21502 WP No. 9998 of 2026 ORDER i. The writ petition is hereby allowed. ii. A writ in the nature of mandamus is issued directing respondent No.1 to forthwith take cognizance of the list of elected members forwarded by respondent No.2 and to undertake necessary steps to publish the names of the elected members in the Official Gazette, strictly in terms of Rule 14 of the Rules, 1964. iii. The aforesaid exercise shall be completed within a period of four (4) weeks from the date of receipt of a certified copy of this order. iv. It is made clear that any further delay or dereliction in complying with this direction would be viewed seriously, and appropriate consequences in accordance with law shall ensue. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 35