Karnataka High Court
Mr. Karthikeya P vs M/S. Quees Gate Apartments Owners ... on 9 February, 2026
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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NC: 2026:KHC:7461
WP No. 3847 of 2026
HC-KAR
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,
Digitally S/O GYAN CHANDRA JAIN
signed by
VANAMALA AGED ABOUT 68 YEARS,
N
Location: R/AT FLAT NO C901
HIGH
COURT OF HOUSE OF HIRANANDANI, BEGUR
KARNATAKA HULIVAMAVU ROAD,
AKSHAYA NAGAR,
BANGALORE SOUTH TALUK,
BANGALORE 560068
REGISTERED POA HOLDER OF
A. VIBHOR JAIN
B. DIVYANGANA JAIN.
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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,
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WP No. 3847 of 2026
HC-KAR
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,
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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
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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
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HC-KAR
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/-