Case Note & Summary
The petitioner, Sri B.L. Shankarappa, filed a writ petition under Article 226 of the Constitution of India challenging the election of office bearers of the Federation of Karnataka Chambers of Commerce and Industry (FKCCI), which is a society registered under the Societies Registration Act, 1960 and also a company under Section 8 of the Companies Act, 2013. The petitioner alleged irregularities in the election process. However, the court noted that the petitioner was not a member of FKCCI and had not produced any document to show that he was a member or had any legal right in the Federation. The court held that only members of the Federation have the locus standi to challenge the election. Additionally, the court observed that even if the petitioner had a grievance, he ought to have availed the alternative remedy of filing a civil suit or approaching the Registrar of Societies, rather than invoking writ jurisdiction. The petition was dismissed as not maintainable.
Headnote
A) Locus Standi - Election Dispute - Non-Member - Maintainability - Companies Act, 2013; Societies Registration Act, 1960 - The petitioner, who was not a member of FKCCI, challenged the election of office bearers alleging irregularities. The court held that only members of the Federation have the right to challenge elections, as the Federation is a society registered under the Societies Registration Act and also a company under Section 8 of the Companies Act. The petitioner failed to establish any legal right or interest in the affairs of the Federation. (Paras 1-10) B) Election Dispute - Alternative Remedy - Availability of Civil Suit - The court observed that even if the petitioner had a grievance, he ought to have availed the alternative remedy of filing a civil suit or approaching the Registrar of Societies, rather than invoking writ jurisdiction under Article 226 of the Constitution. (Paras 8-10)
Issue of Consideration
Whether a non-member of the Federation of Karnataka Chambers of Commerce and Industry (FKCCI) has locus standi to challenge the election of its office bearers.
Final Decision
The writ petition is dismissed as not maintainable. The petitioner, being a non-member of FKCCI, has no locus standi to challenge the election of its office bearers. No order as to costs.
Law Points
- Locus standi
- Election dispute
- Non-member
- Maintainability
- Companies Act
- 2013
- Societies Registration Act
- 1960
