- 1 - HC-KAR NC: 2026:KHC:10251 WP No. 5549 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 5549 OF 2026 (GM-RES) BETWEEN: M/S BELAGAVI SPORTS AND CULTURAL CLUB AN UNREGISTERED SOCIETY HAVING ITS OFFICE AT CHAVAT GALLI, BELAGAVI TALUK, BELAGAVI - 590 001. REPRESENTED BY ITS AUTHORISED MEMBER MR. BASAVARAJ M JARALLI. …PETITIONER (BY SRI. MAHESH CHOWDHARY., ADVOCATE FOR SRI. ABHIMANYU ARJUN DEVAIAH T., ADVOCATE) AND: 1. THE RETURNING OFFICER KARNATAKA STATE BAR COUNCIL ELECTIONS 2026, JUSTICE SUBHASH B. ADI (RETIRED JUDGE, HIGH COURT OF Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10251 WP No. 5549 of 2026 KARNATAKA), OFFICE AT OLD ELECTION COMMISSION OFFICE, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE KARNATAKA STATE BAR COUNCIL, A STATUTORY BODY CONSTITUTED UNDER THE ADVOCATES ACT, 1961, HAVING ITS OFFICE AT OLD ELECTION COMMISSION OFFICE, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS CHAIRMAN. 3. THE STATE OF KARNATAKA, THROUGH ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU 560 001. …RESPONDENTS (BY SRI.CHAITANYA S.K., ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH; SMT. SARITHA KULKARNI., AGA FOR R3) - 3 - HC-KAR NC: 2026:KHC:10251 WP No. 5549 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- A) QUASHING THE IMPUGNED COMMUNICATION/ NOTICE BEARING REFERENCE NO. KSBC/ 333/2026 DATED 16/02/2026 ISSUED BY THE RESPONDENT NO. 1 (ANNEXURE-A) AS BEING ARBITRARY, ILLEGAL, AND WITHOUT JURISDICTION; B) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO INTERFERE WITH THE PEACEFUL CONDUCT OF THE STATE LEVEL LEATHER BALL TOURNAMENT SCHEDULED FROM 21.02.2026 TO 24.02.2026 AT BELAGAVI. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2026:KHC:10251 WP No. 5549 of 2026 ORAL ORDER This petition is by an unregistered society, and it is aggrieved by the communication addressed by the Returning Officer appointed by the Karnataka State Bar Council [KSBC]. The Returning Officer, observing that the Elections to the KSBC is scheduled to be held on 11.03.2026, has informed the petitioner that the Election Committee is of the view that holding a sport event for lawyers would amount to violation of the Election Code of Conduct and that if the petitioner organises a sports event there would be likely inducement by the candidates and unreasonable demands to the contestants. 2. Sri Mahesh Chowdhary, the learned counsel for the petitioner, submits that the Returning Officer does not have the jurisdiction under the KSBC's Regulations to issue the impugned communication and that the event was organized much before the elections to the KSBC was - 5 - HC-KAR NC: 2026:KHC:10251 WP No. 5549 of 2026 scheduled. The learned counsel proposes to rely upon Bye law No.36 of the KSBC's Bye-laws to assert that the Returning Officer can only discharge those functions which are mentioned therein. 3. The Bye law No.36 of the KSBC's Bye-laws reads as under: "36. ELECTION : - (i) The Executive Committee shall, 75 days before the expiry of their term fix the date of election, appoint one or more of the Senior Members of the Association as Returning Officer to conduct the election and the order of such appointment shall be affixed on the notice board of the Association. (ii) The Executive Committee can fix the amount of security deposit for various posts which shall not be refundable after the nomination is accepted and found valid. (iii) The General Secretary shall forthwith publish the list of Members whose subscription is in arrears and call upon - 6 - HC-KAR NC: 2026:KHC:10251 WP No. 5549 of 2026 them to pay their dues within 15 days thereafter. (iv) The General Secretary shall publish the draft voters list and invite objections for the same which shall be filed within a period of 7 days from the date of publication. (v) The draft voters list shall be finalized within a period of 15 days from the date of its publication and it shall be the voters list for the election. (vi) The Returning Officer shall draw and publish on the Notice Board, the calendar of events of the election which shall be completed within a period of 15 days. (vii) In the Calendar of events the last date for filing nomination which shall be 7 clear days before the date of election, date of scrutiny, date of withdrawal which shall be 3 clear days before the date of election. (viii) The Returning Officer shall provide ballot paper disclosing the name of the candidate to the post duly signed by - 7 - HC-KAR NC: 2026:KHC:10251 WP No. 5549 of 2026 him and the voting shall be by secret ballot. (ix) A voter in giving his vote shall place in his ballot paper the mark 'X' against the name of the candidate of his choice. The voting shall be by secret ballot. (x) In case of doubt or dispute regarding mark 'X' and in the event of any erasures or alterations or marking. The decision of the Returning Officer shall be final in all matters relating to the election process. (xi) The Returning Officer shall count the valid votes immediately after the close of voting in the presence of candidates or their representatives who choose to be present. (xii) The candidates securing the highest number of votes shall be declared elected by the Returning Officer. In case of two or more candidates securing an equal number of votes, the Returning Officer shall decide the election by drawing lots. (xiii) The result of the election shall be sent to the Executive Committee and the - 8 - HC-KAR NC: 2026:KHC:10251 WP No. 5549 of 2026 Executive Committee notify the same on the notice board of the Association. The election result shall be intimated to the Bar Council. (xiv) The Identity Card shall be produced by the Member at the time of voting. (xv) The Returning Officer shall hold the election under the guidance of the Senior Committee. It is open to the Senior Committee to constitute separate panel of advocates for supervising the election consisting of those persons who were not contesting the election and not campaigning for anyone." 4. This Court must observe that Bye-law No.36 stipulates that the Executive Committee must appoint a Returning Officer to conduct the elections and in this context has listed the functions. The Returning Officer has essentially communicated the decision of the Election Committee, which must ensure that elections are conducted in a free and fair manner. This Court is also not persuaded to opine that in the circumstances of the present case the - 9 - HC-KAR NC: 2026:KHC:10251 WP No. 5549 of 2026 provisions of Bye-law No.36 can be read to restrict the powers of the Executive Committee or the Returning Officer who should ensure that the elections are held in a free and fair manner. 5. This Court must also observe that the event organised by the petitioner is not open to all but it is only to the Advocates, and given the possibilities [which requires no elaboration], this Court cannot take any exception with the decision taken by the Executive Committee as contained in the impugned Notice dated 16.02.2026 [Annexure-A] or the communication there of by the Returning Officer. Hence, the petition stands disposed of observing that the impugned Notice dated 16.02.2026 [Annexure-A] will not impede the petitioner to organise the event once the elections are completed. Sd/- (B M SHYAM PRASAD) JUDGE AN/-