ADMINISTRATOR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been filed by the Administrator and Peetadipathi of Sri. Neelakanteshwar Vidyavardhaka Samsthe calling in question the correctness of the order of the learned Single Judge in WP No.104090/2022 in the nature of interim order, whereby the learned Single Judge has permitted 46 newly enrolled members to participate and contest in the election scheduled to be conducted on 20/10/2022.

(2.) It is submitted by learned Senior Counsel appearing on behalf of the appellants that eligibility of the members, who have been permitted to participate and contest in the election is precisely a question to be adjudicated in the writ petition before the learned Single Judge and passing of order permitting them to contest and vote in the election will have the effect of disposing off the writ petition itself. Further, it is submitted that the interim order whereby right to contest and participate in the election, if given effect, would result in irreversible consequence.

(3.) After hearing the matter for sometime, both contesting parties i.e., appellants and private respondents have made a request that the learned Single Judge may be directed to dispose off the writ petition expeditiously and till then election process could be deferred for a limited period of time. It is further submitted by both sides that WP No.103622/2022 is also be be directed to be disposed off wherein the question of validity of appointment of Administrator is challenged. It is also submitted that in the event the appointment of Administrator is set-aside, the question of holding the election would not arise.