Case Note & Summary
The judgment pertains to three writ petitions filed under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petitioners, Sri H.S. Gaurav and Prathap Simha, challenged the invitation extended by the State of Karnataka and the Department of Kannada and Culture to Ms. Banu Mushtaq as the Chief Guest for the Dasara festival inauguration at the Goddess Chamundi Temple on Chamundi Hills scheduled for 22/09/2025. The petitioners sought a writ of mandamus directing the respondents to withdraw the invitation. The court, presided over by Chief Justice Vibhu Bakhru and Justice C M Joshi, heard the matter. The Advocate General, Sri K. Shashikiran Shetty, along with other government advocates, appeared for the respondents. The court considered the submissions and held that the invitation to Ms. Banu Mushtaq does not violate any law or constitutional provision. The court observed that the decision to invite a Chief Guest for a festival is a policy matter of the government and is not subject to judicial review unless it is arbitrary or illegal. The court found no such arbitrariness or illegality and dismissed all three writ petitions. The judgment emphasizes the limited scope of judicial review in policy decisions and the non-maintainability of a writ of mandamus in such matters.
Headnote
A) Constitutional Law - Judicial Review - Policy Decision - Writ of Mandamus - The court considered whether the invitation to Ms. Banu Mushtaq as Chief Guest for the Dasara festival inauguration violated any law or constitutional provision. Held that the decision is a policy matter of the government and not subject to judicial review unless it violates any law or fundamental rights. The court found no such violation and dismissed the petitions. (Paras 1-10) B) Administrative Law - Writ of Mandamus - Maintainability - The court examined whether a writ of mandamus can be issued to direct the government to withdraw an invitation. Held that a writ of mandamus is not maintainable to interfere with a policy decision of the government unless it is arbitrary or illegal. The court found no arbitrariness or illegality in the invitation. (Paras 1-10)
Issue of Consideration
Whether the invitation extended to Ms. Banu Mushtaq as Chief Guest for the Dasara festival inauguration at Chamundi Temple is illegal or unconstitutional and whether a writ of mandamus can be issued to withdraw the invitation.
Final Decision
All three writ petitions are dismissed. The court held that the invitation does not violate any law or constitutional provision and that the decision is a policy matter not subject to judicial review.
Law Points
- Judicial review of executive decisions
- Policy matters not subject to judicial review
- No violation of law or constitution
- Writ of mandamus not maintainable
