- 1 - HC-KAR NC: 2026:KHC:5013 WP No. 4612 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 4612 OF 2020 (GM-RES) BETWEEN: SRI.B.SHREEPATHY RAO S/O SRI B GANAPATHY RAO AGED ABOUT 67 YEARS R/AT NO 80, 4TH CROSS VENKATADRI LAYOUT BEHIND APPOLLO HOSPITAL B.G ROAD, J P NAGAR , 7TH PHASE BANGALORE - 560 076. …PETITIONER (BY SRI. GANAPATI BHAT VAJRALLI.,ADVOCATE) AND: 1. THE KARNATAKA STATE CRICKET ASSOCIATION (REGD) M CHINNASWAMY STADIUM CUBBON ROAD BANGALORE - 560 001 REPRESENTED BY ITS HONORARY SECRETARY. 2. THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE CRICKET ASSOCIATION(REGD) M. CHINNASWAMY STADIUM CUBBON ROAD BANGALORE - 560 001. …RESPONDENTS (BY SRI. HARIOM TIWARI.,ADVOCATE FOR SRI. RAVI SHANKAR R., ADVOCATE FOR R1 & R2) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5013 WP No. 4612 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 31.01.2020 FOR FIXING THE 82ND ADJOURNED ANNUAL GENERAL MEETING OF THE R-1 ASSOCIATION WHICH WILL BE HELD ON 01.03.2020 AT 10.30 A.M. AT AGM HALL OF M.CHINNASWAMY STADIUM, CUBBON ROAD, BANGALORE AT ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner who claims to be the member of the respondent-Association originally sought for following reliefs: '' (i) Issue WRIT of CERTORARI or any appropriate order by quashing the Impugned Notice dated 31.01.2020 for fixing the 82nd Adjourned Annual General Meeting of the 1 respondent Association which will be held on 01.03.2020 at 10.30 am. at AGM Hall of M. Chinnaswamy Stadium, Cubbon Road, Bangalore, at Annexure-G, in the interest of justice and equity. (ii) ISSUE WRIT OF MANDAMUS directing the respondents to provide the detail information/statement of reasons on the agenda of 82nd Adjourned Annual General Meeting No.1 to 14 as per Annexure-G. in the interest of justice and equity; (iii) ISSUE WRIT OF MANDAMUS directing the 2nd respondent to issue certified copies of the Minutes of the Meeting and other information pertaining to the business of the 1st respondent to the petitioner as per request made by the petitioner in the interest of justice and equity; (iv) Grant such other and further reliefs as deemed fit, in the interest of justice and equity.'' 2. An interim application in I.A.No.1/2022 is now filed under Order VI Rule 17 of CPC seeking to amend the writ - 3 - HC-KAR NC: 2026:KHC:5013 WP No. 4612 of 2020 petition by inserting following additional prayer as prayer No.3A: '' 3.(a) Issue writ of Certiorari or any appropriate order by quashing the impugned resolution dated 1st March 2020 passed by the 1st respondent in the adjourned Annual General Meeting of the respondent held at AGM Hall of M. Chinnaswamy Stadium, Cubbon Road, Bangalore, pertaining to additional subject at Annexure-P in the interest of justice and equity.'' 3. Learned counsel for the petitioner in support of the application submits that though petitioner had originally sought for quashing of notice dated 31.01.2020 issued by the respondent-Association fixing the 82nd Adjourned Annual General Meeting as per Annexure-G and for direction to provide information/statement of reasons and agenda of the said Adjourned Annual General Meeting Nos.1 to 14 as per Annexure-G, since no interim order of stay was granted by this Court, the said meeting was proceeded with as scheduled and resolutions have already been passed. Therefore, he submits that the present application seeking amendment has become imperative. 4. Learned counsel for the respondent-Association on the other hand raising the question with regard to very maintainability of the writ petition on the ground of availability - 4 - HC-KAR NC: 2026:KHC:5013 WP No. 4612 of 2020 of alternative remedy, draws attention of this Court to bye-law No.40 of Memorandum of Association and bye-laws of the respondent-Association and submits that since an effective alternative remedy is provided to resolve any types of dispute or differences between and among the association and its members, by referring the same to the Ombudsman as provided thereunder and since the petitioner is raising the issue with regard to non-adherence to the bye-laws, he be relegated to have his grievance redressed through the mechanism provided thereunder. 5. In response, learned counsel for the petitioner submits that the dispute of this nature cannot be adjudicated by the Ombudsman provided under the bye-laws inasmuch as the Ombudsman is an appointee of the Association and the dispute is one between the petitioner and the respondent-Association. Therefore, he submits that the present writ petition is the only effective remedy available for him. 6. Heard and perused the records. 7. Primary ground urged by the petitioner seeking original reliefs as mentioned above and in the present amendment - 5 - HC-KAR NC: 2026:KHC:5013 WP No. 4612 of 2020 application is non-adherence to clause No.9(c) of the bye-laws by the then managing committee of the Respondent- Association, while conducting the 82nd Adjourned Annual General Meeting. 8. In justification of the same, learned counsel brings to the notice of this Court to Annexure-H, which is the 82nd Annual Report of the respondent-Association and specifically referring to item Nos.1, 2 and 3 of the said report he contends that the said meeting was convened to discuss only the three items referred to above. 9. He juxtaposes the said three items of the agenda with the contents of document at Annexure-G, which is a purported notice and agenda of the 82nd Adjourned Annual General Meeting of the Association, wherein 14 items are mentioned under the heading 'Agenda'. 10. Thus comparing with the items of agenda provided under Annexures-G and H, counsel submits that the same runs contrary to the bye-law No.9(C) which reads as under: '' 9. SPECIAL GENERAL MEETINGS (a) xxxx - 6 - HC-KAR NC: 2026:KHC:5013 WP No. 4612 of 2020 (b) xxxx (c). MATTERS AT THE SPECIAL GENERAL MEETING:- At such Special General Meeting or at any adjourned meeting thereof, no member shall discuss any subject other than for which it is called. '' 11. Thus essentially the dispute raised by the petitioner is with regard to the conduct of the respondent-Association and its meeting, vis-a-vis his purported rights. Since a plea of alternative remedy is raised by the counsel for respondent- Association, necessary to refer to Chapter Nine of the bye-laws specifically clauses 40 and 41 which reads as under: '' 40. THE OMBUDSMAN: (a) The Association shall appoint an Ombudsman at the Annual General Meeting for the purpose of providing an independent dispute resolution mechanism. The Ombudsman so appointed shall be less than 70 years of age and should be a retired Judge of the Supreme Court elevated from Karnataka or a retired judge from High Court of Karnataka after obtaining his/her consent and on terms as determined by the Association in keeping with the dignity and stature of the office. The term of the Ombudsman shall be one year, subject to a maximum of 3 terms in office. (b) The Association shall, in consultation with the experts frame regulations regarding the discipline and conduct of the Players, Match Officials, Team Officials, Administrators, Committee Members and others associated with the Association. 41. GRIEVANCE REDRESSAL: The, types of disputes/differences that form the Ombudsman's ambit and the procedures for redressal are: (a) Member, Association & Franchisee Disputes Any disputes between or among the ASSOCIATION, its Members, Franchisees, Zones and the Cricket Players' Association shall be automatically referred to the Ombudsman. - 7 - HC-KAR NC: 2026:KHC:5013 WP No. 4612 of 2020 Procedure: Both parties would submit their arguments and a hearing would be conducted following the principles of natural justice and exercising all powers of enquiry and hearing as the Ombudsman deems fit before appropriate orders are passed. (b) Detriment caused by Member or Administrator If any Member or any Administrator of the ASSOCIATION commits any act of Indiscipline or misconduct or acts in any manner which may or likely to be detrimental to the interest of the ASSOCIATION or the game of cricket or endanger the harmony or affect the reputation or interest of the ASSOCIATION or refuses or neglects to comply with any of the provisions of the Memorandum and/or the Rules and Regulations of the ASSOCIATION and/or the Rules of conduct framed by the ASSOCIATION, the Apex Council, on receipt of any complaint shall issue a Show Cause Notice calling for explanation and on receipt of the same and/or in case of no cause or insufficient cause being shown, refer the same to the Ombudsman. Procedure: The Ombudsman shall, after providing opportunity of hearing to the parties concerned, pass an appropriate order. (c) Misconduct or Breach by Others In the event of any complaint being received from any quarter or based on any report published or circulated or on its own motion, of any act of indiscipline or misconduct or violation of any of the Rules and Regulations by any Player, Umpire, Team Official, Selector or any person associated with the ASSOCIATION, the Apex Council shall refer the same within hours to the CEO to make a preliminary enquiry. Procedure: The CEO shall forthwith make a preliminary inquiry and call for explanations from the concerned person(s) and submit his report to the Apex Council not later than 15 days from the date of reference being made by the Apex Council. On receipt of the report, the Apex Council shall forward the same to the Ombudsman, who shall call for all particulars and unless it decides that there is no prima facie case and accordingly drops the charge, hearing shall commence on the case and the same shall be completed as expeditiously as possible by providing a reasonable opportunity to the parties of being heard. If, despite due notice, any party fails to submit any cause or submits insufficient cause, the Ombudsman shall after providing reasonable opportunity of hearing to the parties concerned, pass appropriate order. In the event any party refuses and or fails to appear despite notice, the Ombudsman shall be at liberty to proceed ex-parte on the basis of the available records and evidence. (d) By the Public against the ASSOCIATION Where a member of the public is aggrieved concerning ticketing and access and facilities at stadia, the same may be brought in the form of a complaint to the Ombudsman. Procedure: The Ombudsman would adopt the same procedure as laid down (c) above after referring the complaint to the CEO to solicit a report on the complaint. - 8 - HC-KAR NC: 2026:KHC:5013 WP No. 4612 of 2020 (B) The place of hearing shall be decided by the Ombudsman from time to time. The Ombudsman shall have the power to impose penalties as provided in the Regulations for Players, Team Officials, Administrators, Managers and Match Officials of the ASSOCIATION. (C) The decision of the Ombudsman shall be final and binding and shall come into force forthwith on being renounced and delivered. (D) Any Administrator, Player, Match Official, Team Official, Selector or other individual associated with the ASSOCIATION on being found guilty and expelled by the ASSOCIATION shall forfeit all their rights and privileges. He or she shall not in future be entitled to hold any position or office or be admitted in any committee or any role on the ASSOCIATION. (E) A Member or Franchise once expelled, may, on application made after expiry of three years since expulsion, be readmitted by the ASSOCIATION, provided the same is accepted at a General Body meeting by 3/4th members present and voting. (F) Pending inquiry and proceeding into complaints or charges of misconduct or any act of indiscipline or violation of any Rules und Regulations, the concerned Member, Administrator, Player, Match Official, Team Official, or other individual associated with the ASSOCIATION (along with their respective privileges and benefits) may be suspended by the Managing Committee until final adjudication. However, the said adjudication ought to be completed within six months, failing which the suspension shall cease.'' 12. Clause No.41 referred to above encompasses, 'any dispute between or among the association, its members, franchisees, zones etc., to be automatically referred to the Ombudsman'. 13. Learned counsel for the petitioner does not dispute that no exception is provided with regard to dispute as the one at hand between the respondent-Association and members like the petitioner. Therefore, the contention vehemently urged by the learned counsel for the petitioner, the dispute of this nature - 9 - HC-KAR NC: 2026:KHC:5013 WP No. 4612 of 2020 cannot be referred to Ombudsman under clause No.40, to be determined under clause No.41 cannot be countenanced. 14. Further, petitioner cannot blow hot and cold, while he seeks enforcement of the bye-laws for the purpose of conduct of meeting cannot distance himself to be governed by the very same bye-laws when it comes to redressal of his grievance, particularly in the absence of any exception provided thereunder. 15. In view of the above, this Court do not deem it appropriate to entertain the present writ petition in the light of effective alternate remedy provided in terms of Clause Nos.40 and 41 of the bye-laws extracted herein above. Accordingly, following: ORDER (i). Petition is disposed of. (ii) Liberty is reserved to the petitioner to approach the Ombudsman appointed in terms of Clause No.40 and to present his grievance as contemplated Clause No.41 therein. - 10 - HC-KAR NC: 2026:KHC:5013 WP No. 4612 of 2020 (iii) It is made clear that no opinion or order is passed on the merits or otherwise of the claim made by the petitioner or contentions urged by the parties. (ii) All contentions are kept open. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 7