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2026 DAILYLAW 22280 (KAR)

SRI MI SOANS v. THE STATE OF KARNATAKA

WP/18174/2026 · 2026-06-17

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29770 WP No. 18174 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18174 OF 2026 (GM-KSR) BETWEEN: 1. SRI MI SOANS S/O IMANUEL AGED ABOUT 88 YEARS R/AT NO. 21/1, 6TH CROSS, 13TH F MAIN, HAL II STAGE, INDIRANAGAR, BENGALURU-560038 2. DR. JACOB CRASTA S/O MR. BAPTIST CRASTA AGED ABOUT 72 YEARS, NO. 2, 13-05, HMT MAIN ROAD, PLATINUM CITY, BANGALORE – 560022 3. DR. K. CHACKO SAMUEL S/O MR. MATHAI CHACKO AGED ABOUT 72 YEARS, 2141, 6TH MAIN, LEELA PALACE ROAD, HAL 3RD STAGE, KODIHALLI, BANGALORE-560008 4. MR. ANANDA N. S/O MR. NARASIMHAIAH AGED ABOUT 43 YEARS, 533/2, 3RD MAIN, 2ND CROSS, BASAVALINGAPPA NAGAR, BANNERGHATTA ROAD POST, BANGALORE - 560076 …PETITIONERS (BY SRI. SURESH S. LOKRE., SR. COUNSEL FOR SRI. SHRAVAN S LOKRE.,ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29770 WP No. 18174 of 2026 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, MINISTRY OF SOCIETIES, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU URBAN DISTRICT, RANGE NO.4, NO.146, 'SAHAKARA SOUDHA', 3RD FLOOR, 3RD MAIN ROAD, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560 003. 3. THE YOUNG MEN'S CHRISTIAN ASSOCIATION, (REGD. UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960) HAVING ITS REGISTERED OFFICE AT NO.14, NRUPATUNGA ROAD, BENGALURU-560 001. REPRESENTED BY ITS GENERAL SECRETARY DR. DANIEL RATHANAKAR. S/O. LATE J. JOSEPH, AGED ABOUT 68 YEARS, YOUNG MEN'S CHRISTIAN ASSOCIATION, NO.14, NRUPATUNGA ROAD, BENGALURU-560 001. …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE ABOVE WRIT PETITION AND DECLARE THE BYE LAWS UNDER ANNEXURE - 'A' AS PER ARTICLE 7 FROM SECTION 1 TO SECTION 5 AS ILLEGAL, ULTRA VIRES AND NULL AND VOID AND DIRECT THE RESPONDENT NO.3 ASSOCIATION TO HOLD PROPER ELECTIONS OF THE RESPONDENT NO.3 AS PER LAW AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMIANRY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:29770 WP No. 18174 of 2026 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 and 2. 2. The Petitioners are before this Court seeking for the following reliefs: (a) Allow the above Writ Petition, (b) Declare the bye laws under Annexure 'A' as per Article 7 from Section 1 to Section 5 as illegal, Ultra Vires and Null & Void and Direct the Respondent No.3 Association. to hold proper Elections of the Respondent No.3 as per Law; (c) Declare that the Proposed Nomination by way of Selection through Nomination Committee to be held on 17.06.2026 by the 3rd Respondent Nomination Committee as Null & Void; as 'Annexure-B' dated 4/6/26. (d) Award the costs and such other reliefs as this Hon'ble Court may deem fit in the above case in the interest of Justice and Equity. 3. Essentially, what has been challenged is Article 7 of the Rules and Regulations of the Young Men's Christian Association, which is a Society registered under the Karnataka Societies Registration Act, 1960. - 4 - HC-KAR NC: 2026:KHC:29770 WP No. 18174 of 2026 4. Article 7 relates to ‘Annual Election of Board of Directors.' An article or a bylaw of a Society cannot be challenged as ultra vires and null and void since the same is a contract entered into between the members of the Society at the time of their entry into the membership. If at all the petitioner is aggrieved by any of the terms and conditions of any of the Articles of the Rules and Regulations, it is always available for the petitioners to file appropriate civil proceedings. 5. Reserving such liberty, the petition stands disposed of. 6. In view of disposal of the main petition, pending applications, if any, do not survive for consideration. Hence, the same are disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 3 Sl No.: 1