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2026 DAILYLAW 35470 (KAR)

SRI. SURESH. G v. THE KARNATAKA ELECTRICITY BOARD

WP/25010/2026 · 2026-08-10

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010555912026 NC: 2026:KHC:42339 WP No. 25010 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25010 OF 2026 (GM-KSR) BETWEEN: 1. SRI. SURESH. G AGED ABOUT 48 YEARS, S/O LATE GOPLANAYAKA RESIDING AT NO.6 B M BYEPASS ROAD KEB QUARTERS, HUNSUR TOWN HUNSUR, MYSORE – 571105 2. SRI P R GAVI KUMAR AGED ABOUT 53 YEARS, S/O SRI T RANGAPPA RESIDING AT NO.14 1ST CROSS, SARASWATIPURAM NANDINI LAYOUT BANGALORE – 560096 3. SRI RAJKUMAR S AGED ABOUT 46 YEARS, S/O LATE SHARANAPPA RESIDING AT NO.9, 8TH CROSS, INCOME TAX LAYOUT ANJANANAGAR BEL 2ND STAGE BHARATHNAGAR, HEROHALLI, BANGALORE - 560091 …PETITIONERS (BY SRI. SIDDHARTH SUMAN.,ADVOCATE) AND: 1. THE KARNATAKA ELECTRICITY BOARD Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010555912026 NC: 2026:KHC:42339 WP No. 25010 of 2026 SC/ST WELFARE ASSOCIATION KEB BESCOM OFFICE COMPOUND, DR. AMBEDKAR VEEDI K R CIRCLE, BANGALORE - 560001. REPRESENTED BY ITS SECRETARY, REGISTERED UNDER THE K.S.R, ACT, 1960. 2. THE ELECTION OFFICER KEB SC/ST WELFARE ASSOCIATION DR. AMBEDKAR VEEDI K R CIRCLE, BANGALORE - 560001. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE DIRECTION OF QUASHING AND SETTING ASIDE THE CALENDAR OF EVENTS DATED 29.05.2026 (I.E. ANNEXURE-C) AND PROCEEDINGS INITIATED PURSUANT THERETO FOR THE ELECTION OF DELEGATES, INCLUDING THE CALENDAR OF EVENTS/NOTICE DATED 29.05.2026 (I.E.ANNEXURE-B) AND THE DELEGATE ELECTION PROCESS CONDUCTED PURSUANT THERETO, CULMINATING IN THE DECLARATION OF THE DELEGATE ELECTION RESULTS ON 25.06 2026. AS BEING CONTRARY TO THE BYE-LAWS OF THE RESPONDENT ASSOCIATION AND CONSEQUENTLY ILLEGAL AND UNSUSTAINABLE IN LAW AND ETC. THIS WRIT 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: (a) Issue a writ of certiorari or any other appropriate direction of quashing and setting aside the Calendar of Events dated. 29/5/2026 (i.e, Annexure-C) and proceedings initiated pursuant - 3 - HC-KAR CNR: KAHC010555912026 NC: 2026:KHC:42339 WP No. 25010 of 2026 thereto for the election of Delegates, including the Calendar of Events/notice dated 29.05.2026 (i.e. Annexure-B) and the Delegate election process conducted pursuant thereto, culminating in the declaration of the Delegate election results on 25.06.2026, as being contrary to the Bye-laws of the Respondent Association and consequently illegal and unsustainable in law; (b) Issue a writ of certiorari or any other appropriate order or direction quashing and setting aside the Calendar of Events (i.e, "Annexure-D) and proceedings relating to the election/constitution of the Central Executive Committee ("CEC") commencing from 23.07.2026 and culminating in the election conducted on 01.08.2026 together with the consequential constitution of the CEC pursuant thereto as being vitiated by violation of the Bye-laws. (c) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing and setting aside the impugned Calendar of Events/notice dated 03.08.2026 (i.e. Annexure-F) and proceedings pursuant thereto proposing to conduct the election on 10.08.2026 for the office bearers/members of the CEC, as being contrary to the Bye-laws, illegal, arbitrary and unsustainable in law; (d) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to conduct the elections afresh, strictly in accordance with the registered Rules Regulations/Bye-laws of the Association, after first preparing and publishing a lawful and authenticated electoral roll, determining the eligibility of the members/delegates, determining the lawful strength and vacancies in the CEC in accordance with the Bye- laws, and after affording due notice and opportunity to all eligible. members/electors; (e) Direct the Respondents to consider and dispose of the objections/representations submitted by the Petitioners concerning the validity of the earlier co-options, eligibility of persons forming part of the electoral college, validity of the Delegate election and the subsequent CEC election, by passing a reasoned and speaking order before commencing any fresh electoral process; i.e. Annexures E to E4 (f) Grant such other relief or reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. in the interests of justice and equity. - 4 - HC-KAR CNR: KAHC010555912026 NC: 2026:KHC:42339 WP No. 25010 of 2026 2. Notice to respondents is dispensed with in view of the proposed order to be passed. 3. Essentially what has been challenged is the calendar of events which has been issued by the Returning Officer for holding of election to a society registered under the Societies Registration Act. The Full Bench of the Hon'ble High Court of Judicature of Madras in C.M.S. Evangelical Suvi David Memorial Higher Secondary School Committee v. District Registrar1 held that election matters in relation to a society cannot be agitated in a writ petition which has received due approval from the Hon'ble Apex Court in S.DAVID STEPHEN AND OTHERS v. C.M.S.E.S.D. MEMO. HR.SEC.SCHO.COMMT AND OTHERS2. 4. The said decision has also been followed by this Court in SRI SA RA GOVINDU and OTHERS -v- GOVERNMENT OF KARNATAKA AND OTHERS3 and a catena of other decisions and held that election dispute relating to a society registered under the Societies Registration Act cannot be a subject matter of a writ petition. 1 (2005)2 CTC 161 2 Civil Appeal No.5989-5991 of 2009 decided on 20-03-2012 3 WRIT PETITION No.14787 of 2022 DD 16.11.2022 - 5 - HC-KAR CNR: KAHC010555912026 NC: 2026:KHC:42339 WP No. 25010 of 2026 5. Reserving liberty to the petitioners to avail such civil remedies as are available, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 5 Sl No.: 1