( 1 ) THE respondents in R. F. A. No. 684 of 1995 is the father of respondent in R. F. A. No. 685 of 1995. They have filed O. S. No. 415 of 1995 and O. S. No. 476 of 1995 respectively for a declaration that the order passed by the appellants 1 to 3 dated 8-1-1995 and confirmed by the order, dated 21-1-1995 by the members of the 4th respondent are illegal, void and without jurisdiction and for a permanent injunction restraining the appellants or anybody claiming under them giving effect to the orders and to grant such other reliefs.

( 2 ) SINCE a common question of law is involved in both the appeals, the appeals are heard together and the following judgment is passed.

( 3 ) THE appellant No. 1 is a Secretary of Bangalore Turf Club, shortly BTC, and appellants 2 and 3 are the chairman and Senior stipendary Stewards of BTC respectively. Appellant NO. 4 is the Appellate Board (Authority) comprises of one elected steward as Chairman and two stewards nominated by the Government of Karnataka in the rank of Home Commissioner and the Commissioner of Police.

( 4 ) THE first appellant is a company incorporated under the Companies Act with members drawn from the public. The Company has been granted a licence under the provisions of the Karnataka Race Course Licensing Act and carries on the business of conducting horse races. The management of the Club is vested in a committee of management consisting of 14 members of whom 4 members are nominated by the Government of Karnataka.

( 5 ) THE Articles of Association of the Club provides for the Constitution of the Committee of Management consisting of 14 members of whom 9 shall be the Stewards of the Club vide Arts. 31 and 32 and 5 shall be committee members. 6 of the 9 Stewards and 4 of the 5 committee Members are elected among the Club members. The remaining 3 Stewards and 1 Committee Member are nominated by the Government of Karnataka. Under Art. 51 the Stewards are in charge and control of racing by enforcing the Rules of Racing. Clause (b) of Art. 51 enables them to take such action as they may consider necessary to ensure that Race Meetings are properly and regularly conducted.

( 6 ) RULES of Racing having been framed by the Club and they apply to the running of races at all meetings held under the sanction of the Club. Parts III and IV of Rules of Racing set out the powers and duties of the Stewards of Meeting and Stewards of the Club respectively. The Stewards of the Club are themselves; the Stewards of the meeting held in Bangalore Race Course. The meetings held under these Rules must be sanctioned by the stewards of the BTC. Accordingly, the Race Meetings at Mysore are to be duly sanctioned by the Stewards of BTC.

( 7 ) RULE 17 provides that the Stewards have power to regulate, take cognizance of and adjudicate upon the conduct of all officials, owners, authorised agents, nominators, trainers, jockeys, riding boys etc. The stewards have full power to abandon the meeting or to abandon any races or to postpone any races to any other day under Rule 28. Rule 37 (f) empowers the Stewards to order cancellation or abandonment of any Race or Race Meeting while Rule 37 (h) confers power on the Stewards to make enquiry into, finally decide and deal with any matters relating to racing whether or not referred to them by the Stewards of the Meeting. Rule 138 specifies that every horse which runs in a Race shall be run on its merits, Rule 166 provides for declaring a Race as void and return of entrance money and stakes. Rule 177 provides what constitutes corrupt practice and disqualification, Rule 178 stipulates that the decision of the Stewards of the Club that a person has been guilty of any offence specified in Rule 177 shall be conclusive evidence of his guilt.

( 8 ) THE respondents are the Race Horse Owners. The respondent Sri Kishan Srivastava is the father of another respondent Prakash and one Sanjay who was also the Racing Horse Owner. The BTC is a Turf Authority and the