- 1 - HC-KAR NC: 2026:KHC:27737 WP No. 15105 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15105 OF 2026 (GM-KSR) BETWEEN: 1. SRI KRISHNAMURTHY S P SON OF SRI. PARAMESHWARA BHAT, AGED ABOUT 61 YEARS. (MEMBER SADASHIVANAGAR CLUB VIDE K-064), NO. 36/162, 4TH MAIN, 14TH CROSS, VYALIKAVAL, BENGALURU-560 003. … PETITIONER (BY SRI. PRAKASH B N., ADVOCATE OF M/S. LAWYERS INC.) AND: 1. THE STATE OF KARNTAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COOPERATION, VIKAS SOUDHA, AMBEDKAR VEEDHI, BANGALORE 560 001. 2. THE DISTRICT REGISTRAR OFFICE OF DISTRICT REGISTRAR OF SOCIETIES, 4TH ZONE, BANGALORE URBAN DISTRICT, NO. 146, SAHAKARA SOUDHA. 3RD FLOOR, 3RD MAIN ROAD. 8TH CROSS, MARGOSA ROAD. MALLESHWARAM, BANGALORE-560 003. 3. SADASHIVANAGAR CLUB, REPRESENTED BY ITS SECRETARY, NO.21 15TH CROSS, SADASHIVANAGAR. BANGALORE-560 080. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27737 WP No. 15105 of 2026 4. EXECUTIVE COMMITTEE, SADASHIVANAGAR CLUB, NO.21, 15TH CROSS, SADASHIVANAGAR, BANGALORE-560 080. … RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 AND R2; SRI JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI BRIJESH PATIL, ADVOCATE FOR C/R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO I) DIRECT THE 2ND RESPONDENT TO CONSIDER THE COMPLAINT FILED BY THE PETITIONER VIDE ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: i) Issue Writ in the nature of mandamus directing the 2nd Respondent to consider the Complaint filed by the Petitioner vide Annexure-A. ii) A Writ, Direction or Order including Writ of Certiorari to quash the suspension order bearing No.SNC/K-064/2026/099 dated 24/04/2026 passed against Petitioners by the Respondent No.3, vide Annexure-D and iii) Grant such other and further relief as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:27737 WP No. 15105 of 2026 2. The grievance of the Petitioner is that respondent No.3-Club has suspended the Petitioner from its membership without following the procedure contemplated under the Rules, Bye-laws and governing regulations of the Club and in violation of the principles of natural justice. 3. Sri B.N. Prakash, learned Senior Counsel appearing for the Petitioner, submits that the impugned suspension is not a bona fide disciplinary measure but is actuated by mala fides. According to him, the suspension has been brought about only because the Petitioner has instituted civil proceedings against certain members of the Club. It is his contention that the action of respondent No.3 is retaliatory and vindictive in nature and has been taken with a view to victimise the Petitioner for having exercised legal remedies available in law. 4. Learned Senior Counsel further submits that the Petitioner had submitted a complaint to respondent No.2, a copy whereof is produced at Annexure-A, requesting intervention in the matter and raising grievances regarding the manner in which the suspension was effected. Since no action had been taken on the said complaint, the Petitioner has - 4 - HC-KAR NC: 2026:KHC:27737 WP No. 15105 of 2026 sought, inter alia, a direction to respondent No.2 to consider the same, apart from seeking interference with the order of suspension. 5. Per contra, Sri Jayakumar S. Patil, learned Senior Counsel appearing for respondent No.3, has filed a statement of objections enclosing therewith an endorsement dated 14.05.2026 issued by respondent No.2. The said endorsement discloses that the complaint submitted by the Petitioner at Annexure-A has already been considered and an appropriate response has been issued. In view thereof, the relief sought for issuance of a writ of mandamus directing consideration of the complaint no longer survives for consideration. Once the competent authority has considered the complaint and communicated its decision, no further mandamus can be issued directing consideration of the very same complaint. If the Petitioner is aggrieved by the endorsement dated 14.05.2026, it is always open to the Petitioner to challenge the same before the competent forum in accordance with law. 6. Insofar as the challenge to the suspension from membership of respondent No.3-Club is concerned, the relationship between the petitioner and - 5 - HC-KAR NC: 2026:KHC:27737 WP No. 15105 of 2026 respondent No.3 is founded upon the Petitioner's voluntary admission as a member of the Club and is governed by the Memorandum of Association, Rules, Bye-laws, Regulations and other governing instruments of the Club. The rights, privileges and obligations flowing from such membership are not statutory in character but arise out of the contractual and associational framework governing the relationship between the Club and its members. 7. The grievance projected by the Petitioner, namely that the suspension is illegal, arbitrary, contrary to the Rules and Bye-laws and actuated by mala fides, would necessarily require an examination of the governing documents of the Club, the factual circumstances leading to the suspension, the procedure adopted by the disciplinary authorities, the opportunity afforded to the Petitioner and the material on the basis of which the impugned action came to be taken. The allegation that the suspension is retaliatory on account of the Petitioner having instituted civil proceedings against certain members of the Club would also require proof by leading cogent evidence. Such questions are essentially disputed questions of fact and are not amenable to - 6 - HC-KAR NC: 2026:KHC:27737 WP No. 15105 of 2026 summary adjudication in proceedings under Article 226 of the Constitution. 8. It is trite that though the jurisdiction of this Court under Article 226 is wide, the same is ordinarily exercised to enforce public law rights and public law obligations. Disputes which are essentially private, contractual or associational in nature are ordinarily not adjudicated in writ proceedings unless a demonstrable public law element is shown to exist. The mere allegation of procedural irregularity, breach of the Bye-laws or mala fides does not, by itself, convert a private law dispute into a public law dispute. 9. In the present case, the action impugned does not arise out of the exercise of any statutory power. The rights asserted by the Petitioner and the obligations sought to be enforced arise entirely out of the Rules and Bye-laws governing respondent No.3-Club. The dispute therefore pertains to the internal affairs and governance of a private association and is rooted in the contractual relationship between the parties. Adjudication of such a dispute may require interpretation of the governing documents of the Club, appreciation of evidence and determination of - 7 - HC-KAR NC: 2026:KHC:27737 WP No. 15105 of 2026 disputed questions of fact, all of which are matters more appropriately considered by a competent Civil Court. 10. Furthermore, if the Petitioner's contention is that the suspension has been effected in violation of the Rules and Bye-laws of the Club or in breach of the principles of natural justice embodied therein, the Petitioner has an efficacious remedy before the jurisdictional Civil Court. The Civil Court would be in a position to examine the validity of the suspension, interpret the governing documents, record evidence, adjudicate the allegations of mala fides and grant appropriate declaratory, injunctive or consequential reliefs. 11. This Court is therefore of the considered opinion that the challenge to the suspension from membership of respondent No.3-Club does not warrant examination in exercise of writ jurisdiction. The Petitioner is at liberty to avail such remedies as may be available in law before the competent Civil Court or other appropriate forum. Needless to observe that if any such proceedings are initiated, the same shall be considered on their own merits and in accordance - 8 - HC-KAR NC: 2026:KHC:27737 WP No. 15105 of 2026 with law, without being influenced by any observation made in the present order. 12. Reserving liberty to the Petitioner to avail such remedies as may be available in law and keeping all contentions open, the writ petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 69