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2026 DAILYLAW 21174 (KAR)

DR. D. P. NARAYAN v. THE DISTRICT REGISTRAR OF SOCIETIES

WP/16703/2026 · 2026-06-11

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:28344 WP No. 16703 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.16703 OF 2026 (GM-KSR) BETWEEN: DR. D. P. NARAYAN AGED ABOUT 69 YEARS, S/O. DHAGE PUNDALIKE RAO, RESIDING AT NO.3762, 13TH B MAIN, 11TH CROSS, HAL 2ND STAGE, BENGALURU - 560 008. …PETITIONER (BY SRI. THAMMAIAH H.N., ADVOCATE) AND: 1. THE DISTRICT REGISTRAR OF SOCIETIES REP. BY THE DISTRICT REGISTRAR CIRCLE 2, BENGALURU URBAN DISTRICT, SAHAKARA SOUDHA, BENGALURU - 560 003. 2. INDIRANAGAR CLUB A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, REP. BY ITS SECRETARY, HAL 2ND STATE, INDIRANAGAR, BENGALURU - 560 008. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 NOTICE TO R2 IS D/W) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE COMMUNICATION DATED 29.05.2026 BEARING NO.DRB- Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28344 WP No. 16703 of 2026 2/SOR/COMPLAINT/01/2022-23 (ANNEXURE-F) ISSUED BY THE 1ST RESPONDENT AND CONSEQUENTLY ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING RESPONDENT NO.1 TO CONDUCT THE ELECTIONS OF THE 2ND RESPONDENT CLUB OR AN INDEPENDENT AUTHORITY UNDER THE SUPERVISION OF THIS HON’BLE COURT OR UNDER THE SUPERVISION OF A RETIRED JUDGE UNDER THIS HONBLE COURT IN ACCORDANCE WITH THE BYE-LAWS OF THE 2ND RESPONDENT CLUB AND PRINCIPLES OF FREE AND FAIR ELECTIONS ON 28.06.2026 OR ANY OTHER DATE AS DECIDED BY THIS HON'BLE COURT 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. Learned AGA accepts notice for respondent No.1. 2. Notice to respondent No.2 is dispensed with in view of the order proposed to be passed. 3. Petitioner is before this Court seeking for the following reliefs: “Wherefore, the petitioners respectfully pray that this Hon'ble Court may be pleased to: a) Issue a writ of certiorari quashing the communication dated 29.05.2026 bearing No.DRB-2/SOR/COMPLAINT/01/2022-23 (ANNEXURE-F) issued by the 1st respondent and consequently issue a writ of mandamus or any other appropriate writ, order or direction, directing Respondent No. 1 to conduct the - 3 - HC-KAR NC: 2026:KHC:28344 WP No. 16703 of 2026 elections of the 2nd respondent Club or an independent authority under the supervision of this Hon'ble Court or under the supervision of a retired judge under this Hon'ble court in accordance with the bye-laws of the 2nd respondent club and principles of free and fair elections on 28.06.2026 or any other date as decided by this Hon'ble Court. b) Issue a writ directing that the present Managing Committee, office bearers, club staff, EVM Vendor or election officers appointed by the managing committee to not supervise, control, interfere with, or conduct the election process in any manner and/or any other directions as deemed fit by this Hon'ble court to conduct free and fair elections. c) Pass such other order or direction as this Hon'ble Court deems fit in the interest of justice and equity.” 4. Petitioner claims to be a member of 2nd respondent- Club, which is a Society registered under the Societies Registration Act, 1960, the contention of the learned counsel for the petitioner is that the same two persons have continued as the President and Vice President or Secretary of the Club for the last 15 years and amendments have been made to the bye-laws from time to time to facilitate their continuance. - 4 - HC-KAR NC: 2026:KHC:28344 WP No. 16703 of 2026 5. The complaints which have been filed by the petitioner and certain other members have not been headed to by the Management Committee. The affairs of the Club are not being conducted in proper manner and as such, this Court would be required to appoint a District Registrar to conduct the elections of 2nd respondent-Club. 6. Having heard the learned counsel for the petitioner, I am of the considered opinion that the relief sought for cannot be granted for the reason that a Club which is registered under the Societies Registration Act is governed by the contractual arrangement arrived at in the bye-laws as to whether the bye-laws have been properly amended or not would also have to be decided in a properly instituted civil suit. A writ petition to conduct the elections of a private Club registered under the Societies Registration Act is not maintainable. - 5 - HC-KAR NC: 2026:KHC:28344 WP No. 16703 of 2026 7. Reserving liberty to the petitioner to file such appropriate proceedings has been advised, petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE PB List No.: 1 Sl No.: 7