- 1 - HC-KAR NC: 2025:KHC-K:3084 WP No. 201417 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201417 OF 2025 (GM-RES) BETWEEN: SRI. V. K. NAYAK, AGE: 50 YEARS, MEMBER PUBLIC RE-CREATION CLUB, SHORAPUR, PRC/063. R/O. JANMADHATHI NIVAS, COURT ROAD, NEAR PALAKAMMA TEMPLE, TQ. SHORAPUR, DIST. YADGIR-585 224. …PETITIONER (BY SRI. G. V. CHANDRASHEKHAR SR. ADVOCATE FOR SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE) AND: 1. DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES AND SOCIETIES REGISTRATION YADGIR, TQ. AND DIST. YADGIR-585 201. 2. RAJA MUKUND NAYAK ACTING PRESIDENT PUBLIC RE-CREATION CLUB, SHORAPUR OPP: OLD GENERAL HOSPITAL, SHORAPUR TQ. SHORAPUR, DIST. YADGIRI-585 224. Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3084 WP No. 201417 of 2025 3. THE PUBLIC RE-CREATION CLUB, SHORAPUR OPP: OLD GENERAL HOSPITAL, SHORAPUR TQ. SHORAPUR, DIST. YADGIRI-585 224. BY ITS SECRETARY. 4. RETURNING OFFICER-1 PUBLIC RE-CREATION CLUB, SHORAPUR OPP: OLD GENERAL HOSPITAL, SHORAPUR TQ. SHORAPUR, DIST. YADGIR-585 224. 5. RETURNING OFFICER-2 PUBLIC RE-CREATION CLUB, SHORAPUR OPP: OLD GENERAL HOSPITAL, SHORAPUR TQ. SHORAPUR, DIST. YADGIRI-585 224 …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1; SRI. JAYAKUMAR S. PATIL, SR. ADVOCATE FOR SRI. AMRESH S. ROJA, ADVOCATES FOR R2 AND R3; SRI. NITESH PADIYAL, ADVOCATE FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1, 3 TO 5 TO HOLD THE ELECTION TO 13 GOVERNING BODY POSTS OF RESPONDENT NO.3 SOCIETY STRICTLY IN ADHERENCE WITH THE APPROVED BYE-LAWS PRODUCED AT ANNEXURE-A. 2) A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED 21.05.2025 PRODUCED AT ANNEXURE-K. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-K:3084 WP No. 201417 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) Respondent No. 3 is a Re-creation club and the petitioner is one of its member. Elections were declared to respondent No.3-club and notice of election was issued to all the members and it is stated that election would be conducted on 25.05.2025 for the following posts. SL.NO. NAME OF POST NUMBER OF POST 1 President 1 2 Vice-President 1 3 Secretary 1 4 Treasurer 2 5 Governing Council Members 9 Total Posts 13 2. Annexure-A to the writ petition is the bye-laws of the club, where in Rule 4(vi) reads as under: vi) Election As per the byelaws provision members may be elected to the Governing body either unanimously or by election in the General Body. The Secretary shall give the calendar of - 4 - HC-KAR NC: 2025:KHC-K:3084 WP No. 201417 of 2025 events along with the notice of the General Body to all the members. 3. Rule 6 pertains to the Governing Body (Board of Management) and Rule 6(d) reads as under. d) The member elected to the Governing Body shall in their first meeting elect among thereselves one president, One General Secretary, One Jt. Secretary one Treasurer. 4. On the ground that general body shall elect only the members and members elected to the Governing Body shall in the first meeting elect amongst themselves one President, one General Secretary, one Joint Secretary and one Treasurer and that the notice of election violates the rules by making an attempt to elect the office bearers also through General Body, the present writ petition is filed with the following prayer. WHEREFORE, the petitioner prays that this Hon’ble Court may kindly be issue:- 1. A writ of Mandamus directing the respondent No.1, 3 to 5 to hold the - 5 - HC-KAR NC: 2025:KHC-K:3084 WP No. 201417 of 2025 election to 13 governing body posts of respondent No.3 society strictly in adherence with the approved bye-laws produced at Annexure-A. 2. A writ mandamus directing the Respondent No.1 to consider the representation dated 21.05.2025 produced at Annexure: K. 3. and grant such other or further relief or reliefs as this Hon’ble Court may deem fit in the circumstances of the case. 5. This Court on 22.05.2025 has passed the following order. Heard Sri. Arunkumar Amargundappa, learned counsel for the writ petitioner. Learned Additional Government Advocate waives notice for respondent No.1. Issue notice to the remaining respondents i.e., respondent Nos.2 to 5 on furnishing requisites. Requisites be furnished within 24 hours. Seeking an interim relief, learned counsel for the writ petitioner states that the petitioner is the member of Public Re-creation Club, Shorapur. The - 6 - HC-KAR NC: 2025:KHC-K:3084 WP No. 201417 of 2025 term of the governing body of the club came to an end and therefore, elections were scheduled to be held. As per the byelaws, first elections should be held to elect the members of the governing body i.e., 13 in number. Thereafter, the President, General Secretary, Joint Secretary and Treasurer have to be chosen out of the elected 13 members. However, a notification was issued by the Returning Officer of the Club to directly elect the President, Vice-President, Secretary, Treasurer and governing council members. The election notice thus issued is contrary to the byelaws and therefore, the present writ petition is filed. Learned counsel brought to the notice of this Court, Rule 6 (1) (d) of the Rules and Regulations of the Public Re-creation Club, Shorapur which is found at Annexure-A and also the election notice at Annexure-D. Having found prima-facie justification in the contentions raised, but without indicating anything with regard to the merits of the matter, this Court is of the view that an order is required to be passed directing the Returning Officer not to hold any elections till the next date of hearing. Therefore, respondents No.4 and 5 are directed not to proceed with the process of conducting elections to the Public Re-creation Club, Shorapur till the next date of hearing. - 7 - HC-KAR NC: 2025:KHC-K:3084 WP No. 201417 of 2025 List the matter on 09.06.2025. 6. The learned counsel for respondent Nos.2 and 3 submits that though Annexure-A of the written petition is the prevalent bye-laws of the Society. However, in the past, office bearers of the Society were also directly elected by the members of the Society in the general body and hence the same has been sought to be done presently also. It is also contended that respondent No. 3 is a private club and writ petition is not maintainable. 7. Admittedly, Annexure-A to the writ petition is the bye-laws of the Society and as per Rule 4(vi) and 6(d), members of the governing body are elected directly from the members of the Society and the office bearers to the governing counsel are elected by the Governing Council Members so elected by the General Body. Under the said circumstances, the decision of the Electoral Officer to conduct election to the post of President, Vice President, Secretary and the Treasurer directly from the General Body cannot be sustained. - 8 - HC-KAR NC: 2025:KHC-K:3084 WP No. 201417 of 2025 8. Under the circumstances, without going into the aspect of maintainability of the writ petition, the following order is passed: ORDER The writ petition is allowed. Respondent No. 4 and 5 are directed to conduct elections to respondent No.3-Society as per the bye-laws of the Society more particularly Rule 4(vi) and 6(d), within a period of 3 months from today. Sd/- (M.I.ARUN) JUDGE SMP List No.: 1 Sl No.: 21 CT:SI