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2025 DAILYLAW 17335 (KAR)

MOHIT KUMARASWAMY v. KARNATAKA STATE LAWN TENNIS ASSOCIATION

WP/5659/2024 · 2025-06-12

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20077 WP No. 5659 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO.5659 OF 2024 (GM-KSR) BETWEEN: MOHIT KUMARASWAMY AGED 33 YEARS S/O. KUMARASWAMY 52/1, CHURCH STREET BENGALURU-560 001. …PETITIONER (BY SRI S. VENKATESWARAN, ADVOCATE) AND: 1. KARNATAKA STATE LAWN TENNIS ASSOCIATION CUBBON PARK BENGALURU-560 001. REPRESENTED BY SECRETARY. 2. SRI R ASHOK MAJOR AGED ABOUT 58 YEARS HON'RARY PRESIDENT KARNATAKA STATE LAWN TENNIS ASSOCIATION CUBBON PARK BENGALURU-560 001. 3. SRI PRIYANKA KARGHE S/O. MALLIKARJUNKHRAGE AGED ABOUT 50 YEARS HON'RARY SENIOR PRESIDENT Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20077 WP No. 5659 of 2024 KARNATAKA STATE LAWN TENNIS ASSOCIATION CUBBON PARK BENGALURU-560 001. 4. SRI M. LAKSHMONARYAN MAJOR AGED 66 YEARS HON'RARY VICE PRESIDENT KARNATAKA STATE LAWN TENNIS ASSOCIATION CUBBON PARK BENGALURU-560 001. 5. SRI M.B. DYABEBRI MAJOR AGED ABOUT 65 YEARS KARNATAKA STATE LAWN TENNIS ASSOCIATION CUBBON PARK BENGALURU-560 001. 6. SRI P.R. RAMASWAMY AGED ABOUT 70 YEARS HON'RARY VICE PRESIDENT KARNATAKA STATE LAWN TENNIS ASSOCIATION CUBBON PARK BENGALURU-560 001. 7. SRI ASHISH PURVANKARA MAJOR, AGED ABOUT 48 YEARS HON'RARY PRESIDENT KARNATAKA STATE LAWN TENNIS ASSOCIATION CUBBON PARK BENGALURU-560 001. 8. SRI ROHAN BOPANNA MAJOR, AGED ABOUT 40 YEARS KARNATAKA STATE LAWN TENNIS ASSOCIATION - 3 - HC-KAR NC: 2025:KHC:20077 WP No. 5659 of 2024 CUBBON PARK BENGALURU-560 001. 9. SRI MAHESH RAO HON'RARY SECRETARY KARNATAKA STATE LAWN TENNIS ASSOCIATION CUBBON PARK BENGALURU-560 001. 10. SRI SUNIL YAJAMAN MAJOR, AGED ABOUT 55 YEARS HON'RARY SECRETARY KARNATAKA STATE LAWN TENNIS ASSOCIATION CUBBON PARK BENGALURU-560 001. 11. SRI NAGANAD DORASWAMY MAJOR, AGED ABOUT 60 YEARS HON RARY TREASURER KARNATAKA STATE LAWN TENNIS ASSOCIATION CUBBON PARK BENGALURU-560 001. 12. REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA NO.1 ALI ASKAR ROAD VASANTHNAGAR BENGALURU-560 052. 13. DISTRICT REGISTRAR OF SOCIETIES BENGALURU CENTRAL NO.146, 8TH CROSS MARGOSA RAOD BENGALURU-560 005. …RESPONDENTS (BY SRI BADRI VISHAL, ADVOCATE, FOR R-1) - 4 - HC-KAR NC: 2025:KHC:20077 WP No. 5659 of 2024 * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.12 AND 13 UNDER SECTION 25 OF THE KARNATAKA SOCIETIES REGISTRATION ACT 1960 TO ENQUIRE IN DETAIL AND PRODUCE ALL THE RECORDS IN RESPECT OF ELECTION CONDUCTED, ANNUAL GENERAL BODY MEETING AND ANNUAL REPORT AND ELECTIONS CONDUCTED TILL DATE WHICH IS IN GROSS VIOLATION OF FUNDAMENTAL AND CONSTITUTIONAL RIGHTS OF PETITIONER WHO IS MEMBER OF THE ASSOCIATION UNDER SECTION 300A AND ARTICLES 14 AND 21 OF THE CONSTITUTION AGAINST THE INTEREST OF JUSTICE AND EQUITY AND THERE IS ABSOLUTE NEED TO PROTECT THE LEGAL RIGHTS OF THE PETITIONER IN THE INTEREST OF PRINCIPLES OF NATURAL JUSTICE AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner has sought for issuance of writ of mandamus to direct respondents 12 and 13 to take appropriate steps to enquire into affairs of respondent No.1. Further reliefs are also sought for including taking - 5 - HC-KAR NC: 2025:KHC:20077 WP No. 5659 of 2024 of appropriate action under Section 27(A)(i) of the Karnataka Societies Registration Act, 1960 (for short "the Act") and for appointing of an Administration. 2. Learned Additional Advocate General Sri Bhanuprakash appearing for the State submits that the enquiry under Section 25 has been initiated. Copy of the notice dated 26.03.2024 is filed before this Court. 3. Needless to stage proceedings initiated have to be proceeded strictly in accordance with law and on the merits of the matter. 4. The contention of learned counsel for the petitioner is that the Authority may not take necessary action in light of many members of the first respondent who are powerful does not require to be commented upon as the Authority is strictly to act in an independent manner while conducting the enquiry. All contentions are kept open. 5. Needless to state once enquiry is initiated, the same has to be decided expeditiously in accordance with law. - 6 - HC-KAR NC: 2025:KHC:20077 WP No. 5659 of 2024 6. If, proceedings are not concluded within six months, the petitioner is at liberty to move this Court for appropriate direction. 7. Insofar as certain action stated to have been taken as against the dependent members of the petitioner, it is open to the petitioner to make representation to the first respondent who would consider the same appropriately. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 8