- 1 - HC-KAR NC: 2026:KHC:15756 WP No. 5198 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5198 OF 2026 (GM-RES) BETWEEN: 1. SHRI KIRAN M JAIN S/O MOHANLAL S.SHA AGED ABOUT 47 YEARS R/O NO.474/1A AND 476, BELLUDI GALLI, K.R.MARKET, WARD-12, DAVANGERE-577 001 2. SHRI. SHIVAKUMAR BELLUDI S/O VEERANNA BELLUDI AGED ABOUT 54 YEARS R/O NO.876/24/1, 3RD /4TH CROSS, NEAR MUDDAHALLI THOTA, BEHIND CHURCH, MCC BLOCK, DAVANGERE-577 004 3. SHRI. M. B. YUVARAJ AGED ABOUT 49 YEARS R/O NO.1986, AYURVEDIC HOSPITAL ROAD, MCC A-BLOCK, DAVANGERE-577 004 4. SHRI. BHARAT B.G. S/O B.P. GANESH AGED ABOUT 43 YEARS R/O NO.365/2A, 2ND MAIN, OPPOSITE GULLEMMA TEMPLE, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15756 WP No. 5198 of 2026 K.B.EXTENSION, JAYADEVA CIRCLE, DAVANGERE-577 002 5. SHRI.R.G. DATTARAJU AGED ABOUT 60 YEARS R/O NO.169, 3RD MAIN ROAD, P.J.LAYOUT, JAYADEVA CIRCLE, DAVANGERE-577 002 6. SHRI.SANTOSH BASAVARAJA HALLIKERE C/O BASAVARAJAPPA ESHWARAPPA HALLIKERI AGED ABOUT 45 YEARS R/O NO.2235/1, 2ND MAIN, 6TH CROSS, NEAR 2ND BUS STOP, BAPUJI VIDYANAGARA, DAVANGERE-577 005 7. SHRI. VISHWAS H.P. S/O H.P. RENUKAPPA AGED ABOUT 48 YEARS R/O NO.297/2, ASHOK ROAD, JAYADEVA CIRCLE, DAVANGERE-577 002 8. SHRI. ANAND SANGAPPA JIRALI S/O SANGAPPA JIRALI AGED ABOUT 44 YEARS R/AT NO.1675/73, 2ND MAIN, 2ND CROSS, NITTUVALLI NEW EXTENSION, DAVANGERE-577 004 9. SHRI. H. S. YOGESH C/O H. SIDDAPPA AGED ABOUT 55 YEARS R/O NO.1465/83, 2ND MAIN, 7TH CROSS, BEHIND SC ST HOSTEL, SARASWATHI NAGARA NITTUVALLI, DAVANGERE-577 004 &PETITIONERS (BY SRI. ASHOK BASANAGOUDA PATIL, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:15756 WP No. 5198 of 2026 AND: 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI- 110 011 2. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE-577 004 3. THE DISTRICT BRANCH OF INDIAN RED CROSS SOCIETY, NO.302, SHREE SHAMANOORU SHIVASHANKARAPPA RED CROSS BHAVAN, DEVARAJ URS EXTENSION, A-BLOCK, DAVANAGERE-577 006 4. DR. G. D. RAGHAVAN, CLAIMING TO BE CHAIRMAN OF AD-HOC COMMITTEE DISTRICT SURVEILLANCE OFFICER, DAVANAGERE DISTRICT, DAVANAGERE-577 004 &RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R2 SRI. KUMAR M.N. , CGSC FOR R1 VIDE ORDER DATED 18.02.2026 NOTICE TO R3 IS DISPENSED WITH) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REVISED NOTIFICATION BEARING NO. MISC.CR.946/2025-26 DTD. 01.08.2025 (ANNX-E) ISSUED BY THE R-2 IN THE INTEREST OF JUSTICE AND EQUITY. QUASH THE AGENDA BEARING NO. IRS/02/2025-26 DTD. 23.01.2026 (ANNX-S) CAUSE BY THE R-2 IN THE INTEREST OF JUSTICE AND EQUITY. DIRECT R-2 AND 4 TO HAND OVER THE ENTIRE CHARGE, ACCOUNT BOOKS, CHEQUE BOOKS, KEYS OF THE PREMISES OF THE DISTRICT BRANCH OF THE INDIAN RED CROSS - 4 - HC-KAR NC: 2026:KHC:15756 WP No. 5198 of 2026 SOCIETY TO THE P-5, THE CHAIRMAN AND / OR TO THE P-2 THE VICE CHAIRMAN, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking the following reliefs: "i. Issue an appropriate writ, order or direction quashing the revised Notification bearing No.Misc:CR:946/2025-26 dated 01.08.2025 (Annexure-E), issued by the 2nd respondent, in the interest of justice and equity. ii. Issue an appropriate writ, order or direction quashing the Agenda bearing No.IRS/02/2025-26 dated 23.01.2026 (Annexure-S), caused by the 2nd respondent in the interest of justice and equity. iii. Issue an appropriate writ, order, or direction, directing respondents 2 and 4 to hand over the entire charge, account books, cheque books, keys of the premises of the District Branch of the - 5 - HC-KAR NC: 2026:KHC:15756 WP No. 5198 of 2026 Indian Red Cross Society to the 5th petitioner, the Chairman, and/or to the 2nd petitioner, the Vice- Chairman, in the interest of justice and equity. iv. Pass such other order as this Hon'ble Court deems fit on the facts and circumstances of the case, including the award of costs, in the interest of justice and equity." 2. The petitioners who are the elected members of the respondent No.3-Society are highly aggrieved by the highhandedness of respondent No.2-Deputy Commissioner who has acted beyond his powers and jurisdiction in attempting to lay control over the respondent No.3-Society despite conclusion of elections and forming of a new committee post ensuing elections. It is in this background, the present petition is filed. 3. The averments in petition and material placed on record would indicate that the revised notification dated 01.08.2026 issued by respondent No.2, which pertained to the process of conducting elections to respondent No.33 - 6 - HC-KAR NC: 2026:KHC:15756 WP No. 5198 of 2026 Society, has lost its significance in view of the admitted position that elections have already been conducted and a new managing committee has been duly constituted. Consequently, the challenge to the said notification does not survive for consideration and is rendered infructuous. 4. However, the grievance of the petitioners now centres around the subsequent action of respondent No.2 in issuing Agenda bearing No. IRS/02/2025-26, produced at Annexure3S, and in presiding over the Annual General Meeting (AGM) of respondent No.33Society even after the conclusion of the election process and the emergence of a democratically elected body. The said action, according to the petitioners, is wholly without authority of law and amounts to unwarranted interference in the affairs of an autonomous society. 5. Upon perusal of the records, this Court finds that the petitioners have been elected as members of the managing committee of respondent No.33Society pursuant - 7 - HC-KAR NC: 2026:KHC:15756 WP No. 5198 of 2026 to a duly conducted election. It is also not in dispute that subsequent to their election, the petitioners addressed a communication seeking issuance of the AGM notice which had been published in the newspaper dated 07.01.2025. In that view of the matter, once the election process stood concluded and a new committee assumed office, respondent No.2/Deputy Commissioner, even if acting as an ex-officio President prior to the elections, ceased to have any subsisting jurisdiction to convene, control or preside over the affairs of respondent No.33Society. The continuation of such control, including issuance of the impugned Agenda at Annexure3S and presiding over the AGM, clearly amounts to overreach and interference in the functioning of a democratically elected body. 6. This Court is of the considered view that the petitioners, having been duly elected, acquire a vested legal right to administer the affairs of respondent No.33 Society in accordance with its bye-laws and governing statute. Any attempt by respondent No.2 to retain control - 8 - HC-KAR NC: 2026:KHC:15756 WP No. 5198 of 2026 or to intermeddle with the administration of the Society, post elections, is without jurisdiction and cannot be sustained in law. In such circumstances, this Court finds that the petitioners have made out a clear case for issuance of a writ of mandamus directing respondent No.2 to step aside and facilitate the functioning of the newly elected committee. 7. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed; (ii) It is declared that the action of respondent No.2 in issuing Agenda bearing No. IRS/02/2025-26 (Annexure3S) and in presiding over the affairs of respondent No.33Society after conclusion of elections is without authority of law; - 9 - HC-KAR NC: 2026:KHC:15756 WP No. 5198 of 2026 (iii) A writ of mandamus is issued directing respondent No.2/Deputy Commissioner to forthwith hand over the charge, records, and administration of respondent No.33Society to the newly elected managing committee comprising the petitioners; (iv) The aforesaid exercise shall be completed within a period of three (3) weeks from the date of receipt of a certified copy of this order; (v) No order as to costs. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 60