- 1 - HC-KAR NC: 2025:KHC-D:16030 WP No. 107126 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107126 OF 2025 (GM-RES) BETWEEN: 1. KARNATAKA ELECTRO HOMEOPATHY RESEARCH AND DEVELOPMENT ASSOCIATION (R) MR. LAYOUT, GADANGADA KERI, NEAR SADIA SCHOOL, SHIRALAKOPPA, SHIVAMOGGA 577428, REP. BY ITS PRESIDENT, MR. EHTESHAM U1 HAQ,PRESIDENT, MR. RAVI HUDED, JOINT SECRETARY, REGD. UNDER KARNATAKA SOCIETIES, REGISTRATION ACT, 1960. 2. J. MAHESH S/O. RAMANNA GOUD AGE: 37 YEARS, OCC. ELECTRO HOMEOPATHY PRACTITIONER, R/O. SRI. BASAVESHWARA NILAYA, SATHYAVANI NAGAR, BELLARY-583104. 3. T. VIRUPAKSHA S/O. T. VENKATARAMANA AGE: 40 YEARS, OCC: ELECTRO HOMEOPATHY PRACTITIONER, R/O. K VEERAPURA, HAGARIBOMMANAHALLI, DIST: BELLARY-583111. 4. K. RAMKUMAR S/O. KAMSALI ERANNA AGE: 41 YEARS, OCC: ELECTRO HOMEOPATHY PRACTITIONER, R/O: NIDUGURTHI, SANDUR, DIST: BELLARY 583124. …PETITIONERS (BY MISS. VAIBHAVI INAMDAR, ADVOCATE FOR SRI. DINESH KULKARNI, ADVOCATE) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:16030 WP No. 107126 of 2025 AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BENGALURU 560001. 2. COMMISSIONERATE OF HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA 1ST MAIN ROAD, MAGADI ROAD, BENGALURUL 560023, REP. BY ITS COMMISSIONER/DIRECTOR 3. THE DEPUTY COMMISSIONER AND PRESIDENT K. P. M. E. ACT, D. C. COMPOUND, BALLARI (BELLARY) – 583 101. 4. THE SECRETARY AND DISTRICT HEALTH OFFICER OFFICE OF HEALTH AND FAMILY WELFARE DISTRICT K.P.M.E ACT REGISTRATION AND GRIEVANCES AUTHORITY, BELLARY 583101. …RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING PROCEEDINGS OF THE COMMITTEE OF RESPONDENT NO. 3 DTD. 29.08.2025 VIDE ANNEXURE-P AND NOTICE BEARING NO. K.P.M.E-27/2025-26 DTD. 11.09.2025 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE- Q, Q1 AND Q2 AS NULL AND VOID AND PASS APPROPRIATE ORDERS. B) TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO INTERFERE WITH THE PETITIONER PRACTICE OF ELECTRO HOMEOPATHY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Page no.02 is retyped and replaced vide court order dated 23.01.2026 - 3 - HC-KAR NC: 2025:KHC-D:16030 WP No. 107126 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following reliefs: “A) To issue a Writ in the nature of Certiorari quashing proceedings of the committee of Respondent No.3 dtd: 29.08.2025 vide Annexure-P and Notice bearing No. K.P.M.E-27/2025-26 dtd. 11.09.2025 issued by the 4th Respondent vide Annexure- Q, Q1 and Q2 as null and void and pass appropriate orders. B) To issue Writ in the nature of Mandamus directing the Respondents not to interfere with the Petitioner’ practice of Electro Homeopathy. C) To issue any other Writ/ direction which this Hon’ble Court deems fit under the fact and circumstances of the case in the interest of justice and equity.” 2. Heard Miss Vaibhavi Inamdar for Shri Dinesh Kulkarni, Learned counsel appearing for the petitioners; Shri T.Hanumareddy, learned AGA appearing for respondent Nos.1 to 4. 3. The petitioners, an Association of Karnataka Electro Homeopathy Research and Development are before this Court along with other Electro Homeopathy Practitioners calling in question the action of the State in seizing the equipments at the - 4 - HC-KAR NC: 2025:KHC-D:16030 WP No. 107126 of 2025 time when the petitioners' association and its members were conducting workshop. 4. Learned counsel for the petitioners submits that notwithstanding the petitioners being entitled and qualified to conduct such workshop, the seizure happens and not stopping at that, cost of ₹1,00,000/- is also imposed upon the petitioners apart from directing criminal proceedings to be initiated against them. 5. Learned counsel Miss Vaibhavi Inamdar, taking this Court through the documents appended to the petition, seeks to demonstrate the qualification of these petitioners as also the factum that they were entitled to hold the workshops as they were holding every time. She would further take this Court through an order passed by this Court in Writ Petition No.101276 of 2025, disposed on 19.02.2025, wherein this Court following the order passed by the Co-ordinate Bench has held as follows: “1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands answered by the Coordinate Bench of this Court in W.P. No.15771/2024, disposed of on 8th August 2024. The Coordinate Bench has held as follows: - 5 - HC-KAR NC: 2025:KHC-D:16030 WP No. 107126 of 2025 “The petitioner, an Association registered under the Karnataka Societies Registration Act, 1960, is dedicated to educating its members on imparting medical knowledge, conducting awareness programs regarding the Electro Homeopathy system of medicine, and providing free therapy to the needy. The petitioner has approached this Honorable Court seeking the following reliefs: A) To declare that the Karnataka Private Medical Establishment Act, along with the rules framed thereunder, is not applicable to the members of the petitioner Association who hold certificates in Electro Homeopathy, allowing them to practice, develop, and conduct research in the field of Electro Homeopathy, given that no statute or rule currently imposes a ban on such activities. B) To issue a direction or a Writ of Mandamus against respondents No. 2 to 4, or the concerned respondent authorities, restraining them from interfering with the petitioner’s members in their efforts to practice, develop, and conduct research in Electro Homeopathy within the State, until appropriate rules are framed by the competent authority, in the interest of justice and equity. C) To permit the members of the petitioner Association to practice, develop, and conduct research in Electro Homeopathy within the State, strictly in accordance with the parameters issued by respondent No.1, the Central Government, until such time as rules are framed by the competent authority, in the interest of justice and equity. 2. The Court has heard the learned counsel for the parties. 3. The Supreme Court, while addressing similar issues concerning the practice of Electro Homeopathy, has ruled that no institution is authorized to confer a degree or diploma in Electro Homeopathy without statutory authorization. However, individuals are permitted to practice Electro Homeopathy as an alternative therapy, provided they do so without claiming the conferment of any degree or diploma without the necessary statutory backing. - 6 - HC-KAR NC: 2025:KHC-D:16030 WP No. 107126 of 2025 4. It is therefore imperative to state that the members of the petitioner Association are permitted to practice Electro Homeopathy without claiming the conferment of any degree or diploma without the necessary statutory backing.” 2. In the light of the issue standing covered by the judgment passed by the Coordinate Bench of this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed.” (Emphasis supplied) 6. Despite the passage of the order, it transpires that the said order was not implemented and the contempt Court had directed implementation of the said order by the following order: “Learned Government Advocate raises a preliminary objection regarding the maintainability of the contempt petition, while contending that the petitioner was not a party to the proceedings before the learned Single Judge in W.P. No. 101276/2022. It is also submitted that respondents No.3 and 4 were also not party to the proceedings in W.P. No. 101276/2022. 2. Learned counsel for the petitioner however submits that the petitioner before the learned Single Judge was the Karnataka Board of Electro-Homeopathy Recognisation Research and Development Association, and the directions issued by the learned Single Judge would apply to each and every member of the association, having regard to direction issued by the Hon’ble Supreme Court which has been culled out in the order passed by the learned Single Judge. 3. We see from paragraph Nos.3 and 4 of the orders passed by the Apex Court that the members of the association are permitted to practice Electro Homeopathy without claiming the conferment of any degree of diploma, without the necessary backing. When that is the clear direction issued by the Apex Court, action of the - 7 - HC-KAR NC: 2025:KHC-D:16030 WP No. 107126 of 2025 respondents No.3 and 4 would be contrary to the directions issued by the Apex Court and the directions issued by the learned Single Judge. 4. Having regard to the fact that respondents No.3 & 4 have already taken note of the directions issued by the learned Single Judge and have desisted from taking further action against the petitioner, nothing further would survive for consideration in this contempt petition. 5. Further, in order to ensure that the directions issued by the learned Single Judge, in fact seeking to implement the directions issued by the Hon’ble Supreme Court, which would be applicable throughout the Country, the second respondent-Commissioner, Health and Family Welfare Services and the Principal Secretary, Department of Health and Family Welfare are directed to issue necessary orders/ circulars / bringing to the notice of all the District Health and Family Welfare Officers and the Taluka Health Officers in the State, the directions issued by the Hon’ble Supreme Court and ensure that the members of the Karnataka Board of Electro- Homeopathy Recognisation Research and Development Association are not disturbed from practicing Electro-Homeopathy System of Medicine as directed by the Hon’ble Supreme Court. The contempt petition is accordingly disposed of.” (Emphasis supplied) 7. The Division Bench answering the contempt petition also notices the orders passed by the Apex Court on the issue. It is not only the aforesaid orders, the issue stands covered by plethora of orders rendered by the different High Courts from time to time or Co-ordinate Benches of this Court. - 8 - HC-KAR NC: 2025:KHC-D:16030 WP No. 107126 of 2025 8. In that light, the petition deserves to succeed with an order of quashment of the proceedings with a direction to refund of ₹1,00,000/- costs that is imposed upon these petitioners. 9. For the aforesaid reason, the following: ORDER (i) The petition is allowed; (ii) The proceedings of the Committee of respondent No.3, dated 29.08.2025 vide Annexure-P and notice bearing No.K.P.M.E.-27/ 2025-26 dated 11.09.2025 issued by respondent No.4 vide Annexures-Q, Q1 and Q2 stand quashed. (iii) Mandamus issues to the respondents not to interfere with the practice of these petitioners unless situation warrants, the amount of ₹1,00,000/- that is *if collected pursuant to the passage of the impugned order as fi0ne from these petitioners shall be refunded within four weeks from the date of receipt of the copy of the order. In the event the refund does not take place within four weeks from the date of receipt * Corrected vide Chamber Order dated 04.12.2025 Sd/- (MNPJ) - 9 - HC-KAR NC: 2025:KHC-D:16030 WP No. 107126 of 2025 of a copy of this order, cost of ₹50,000/- towards the litigation shall be paid by the State to the petitioners. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 16