- 1 - HC-KAR NC: 2025:KHC:52696 WP No. 36664 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36664 OF 2025 (GM-RES) BETWEEN: 1. SHRI KIRAN M JAIN S/O MOHANLAL S.SHA AGED ABOUT 47 YEARS R/O NO.474/1A AND 476, BELLUDI GALLI, K.R.MARKET, WARD-12, DAVANGERE-577 001 2. SHRI.SHIVAKUMAR BELLUDI S/O VEERANNA BELLUDI AGED ABOUT 54 YEARS R/O NO.876/24/1, 3RD/4TH CROSS, NEAR MUDDAHALLI THOTA, BEHIND CHURCH, MCC BLOCK, DAVANGERE-577 004 3. SHRI.M.B.YUVARAJ AGED ABOUT 49 YEARS R/O NO.1986, AYURVEDIC HOSPITAL ROAD, MCC A-BLOCK, DAVANGERE-577 004 4. SHRI. BHARAT B.G. S/O B.P.GANESH AGED, ABOUT 43 YEARS R/O NO.365/2A, 2ND MAIN, OPPOSITE GULLEMMA TEMPLE, K.B.EXTENSION, JAYADEVA CIRCLE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52696 WP No. 36664 of 2025 DAVANGERE-577 002 5. SHRI.R.G.DATTARAJU AGED ABOUT 60 YEARS R/O NO.169, 3RD MAIN ROAD, P.J.LAYOUT, JAYADEVA CIRCLE, DAVANGERE-577 002 6. SHRI.SANTOSH BASAVARAJA HALLIKERE C/O BASAVARAJAPPA ESHWARAPPA HALLIKERI AGED ABOUT 45 YEARS R/O NO.2235/1, 2ND MAIN, 6TH CROSS, NEAR 2ND BUS STOP, BAPUJI VIDYANAGARA, DAVANGERE-577 005 7. SHRI. VISHWAS H.P. S/O H.P.RENUKAPPA, AGED ABOUT 48 YEARS R/O NO.297/2, ASHOK ROAD, JAYADEVA CIRCLE, DAVANGERE-577 002 8. SHRI.ANAND SANGAPPA JIRALI S/O SANGAPPA JIRALI, AGED ABOUT 44 YEARS, R/AT NO.1675/73, 2ND MAIN, 2ND CROSS, NITTUVALLI NEW EXTENSION, DAVANGERE-577 004 9. SHRI.H.S.YOGESH C/O H.SIDDAPPA AGED ABOUT 55 YEARS R/O NO.1465/83, 2ND MAIN, 7TH CROSS, BEHIND SC ST HOSTEL, - 3 - HC-KAR NC: 2025:KHC:52696 WP No. 36664 of 2025 SARASWATHI NAGARA NITTUVALLI, DAVANGERE-577 004 …PETITIONERS (BY SRI. PATIL ASHOK BASANAGOUDA, ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI- 110 011 2. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE-577 004 3. THE DISTRICT BRANCH OF INDIAN RED CROSS SOCIETY, NO.302, SHREE SHAMANOORU SHIVASHANKARAPPA RED CROSS BHAVAN, DEVARAJ URS EXTENSION, A-BLOCK, DAVANAGERE-577 006 4. SHRI. VARUN BENNEHALLI NOMINATED MEMBER AGED MAJOR 5. DR. G.D. RAGHAVAN NOMINATED MEMBER AGED MAJOR 6. DR. K.K.PRAKASH NOMINATED MEMBER AGED MAJOR - 4 - HC-KAR NC: 2025:KHC:52696 WP No. 36664 of 2025 7. SHRI. MANJUNATH GADIGUDAL NOMINATED MEMBER AGED MAJOR 8. SHRI VEERESH PATIL NOMINATED MEMBER AGED MAJOR 9. SHRI. RAJENDRA KUMAR J (RAJU BHANDARI) NOMINATED MEMBER AGED MAJOR 10. SHRI UNMESH SHETTY C.A. NOMINATED MEMBER AGED MAJOR 11. SHRI SHRIKANT ORGARE NOMINATED MEMBER AGED MAJOR 12. SHRI ANIL BARENGAL NOMINATED MEMBER AGED MAJOR 13. SHRI. PRAKASH PATIL NOMINATED MEMBER AGED MAJOR 14. SHRI RATAN S NOMINATED MEMBER AGED MAJOR RESPONDENTS NO.4 TO 14 ARE HAVING AT OFFICE ADDRESS INDIAN RED CROSS SOCIETY, - 5 - HC-KAR NC: 2025:KHC:52696 WP No. 36664 of 2025 NO.302, SHREE SHAMANOORU SHIVASHANKARAPPA, RED CROSS BHAVAN, DEVARAJ URS EXTENSION, A- BLOCK, DAVANAGERE- 577 006. …RESPONDENTS (BY SRI.SIDDARATH BABU RAO, AGA FOR R2 V/O DATED 08.12.2025 NOTICE TO R3 TO R14 IS DEFERRED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER BEARING NO.MISC CR- 946/2025-26 (ANNEXURE-G), DATED 18-08-2025 ANNEXURE-G ISSUED BY THE 2ND RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: "i. Issue an appropriate writ, order, or direction quashing the order bearing No.MISC:CR-946/2025-26 dated 18.08.2025 (Annexure-G), issued by the 2nd respondent, in the interest of justice and equity. ii. Issue an appropriate writ, order, or direction quashing the proceedings of the 2nd respondent, bearing No. NIL dated 15.09.2025 (Annexure-N signed on 28.10.2025) to the extent of the nominated members 1 to 11, in the interest of justice and equity. iii. Issue an appropriate writ, order, or direction quashing the proceedings of the 2nd respondent, bearing No. NIL dated 08.11.2025 (Annexure-R) to the extent of the - 6 - HC-KAR NC: 2025:KHC:52696 WP No. 36664 of 2025 nominated members 1 to 11, in the interest of justice and equity. iv. Issue an appropriate writ, order or direction quashing the proceedings of the 2nd respondent, bearing No. NIL dated 13.11.2025 (Annexure-W), insofar petitioner is concerned in the interest of justice and equity. v. Pass such other order as this Hon'ble Court deems fit on the facts and circumstances of the case, including the award of costs, in the interest of justice and equity." 2. Petitioners are aggrieved by respondent No.2 having nominated 11 members to the Managing Committee of respondent No.3. The submission of Sri. Ashok B.Patil learned counsel for the petitioners, is that the Deputy Commissioner has no power to appoint any such nominee. The executive committee is required to be elected, though the executive committee comprises 21 members, the Indian Red Cross Society Act, 1920, provides for a minimum of 10 members to be elected. Apart from that, though the Act speaks of co-option in respect of various subcommittees, there is no co-option or nomination provided for in respect of the Executive Committee. 3. In that background, the learned AGA was called upon to enquire and make his submission as to under what - 7 - HC-KAR NC: 2025:KHC:52696 WP No. 36664 of 2025 provision of the Indian Red Cross Society Act, 1920 respondent No.2 has exercised his powers to nominate 11 persons. Learned AGA on instructions submits that the nomination has been made on account of there being certain allegations of misappropriation, etc., by the District Society and it is for that reason, for better management of respondent No.3, that the nomination has been made so that the activities of respondent No.3 are suitably and properly monitored. 4. Heard Sri.Ashok B.Patil, learned counsel for the petitioners, Sri.Siddarath Babu Rao, learned AGA for respondent No.2 and perused the records. 5. If at all there is any misappropriation or the like which is complained against by the earlier Managing Committee or the present Managing Committee, it is for the respondents to take such action as is permissible under law. That does not provide them the power to nominate 11 members to the executive committee, which is not sanctioned or recognized under the Indian Red Cross - 8 - HC-KAR NC: 2025:KHC:52696 WP No. 36664 of 2025 Society Act, 1920. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. ii. The proceedings at Annexures-N and W passed by 2nd respondent dated 15.09.2025 and 13.11.2025 respectively are hereby quashed. iii. Liberty is reserved to the respondents as aforesaid. SD/- (SURAJ GOVINDARAJ) JUDGE rv List No.: 1 Sl No.: 48