The court held that temporary payment arrears do not permanently disqualify a candidate from contesting elections, provided dues are settled before nomination scrutiny.

JUDGMENT :

VIBHU BAKHRU, C.J.

1. The appellant is a sports person and a life member of the Karnataka State Cricket Association [KSCA]. She has filed the present appeal, impugning an order dated 29.11.2025 [impugned order] passed by the learned Single Judge in Writ Petition No.35584/2025 (GM-RES).

2. The said petition was filed by respondent No.1 [writ petitioner], inter alia, impugning an order dated 24.11.2025 passed by respondent No.2 [Electoral Officer], rejecting the writ petitioner's nomination to contest the elections for the post of the President of KSCA. The learned Single Judge had allowed the said writ petition and had directed the Electoral Officer to declare the writ petitioner's nomination as 'valid' for the purpose of contesting the aforesaid election.

3. The writ petitioner states that he is the President of M/s. Deccan Herald and Prajavani Sports Club [DHPSC] for the last two decades. He states that he is a philanthropist and avid sportsman, and is interested in sporting activities. He has also held the office of the President of the Karnataka Olympics Association. It is stated that DHPSC is one of the Founder Institutional Members of KSCA. The writ petitioner's nomination was rejected by the Electoral Officer on the ground that the said Founder Institutional Member – DHPSC – was in arrears of fee of Rs.200/-, and in terms of Rule 3B(D)(b) of the Bye-laws of KSCA [the Bye-laws], the writ petitioner was not allowed to attend/ contest or vote at any meeting.

4. The learned Single Judge found that on being informed of the arrears, the writ petitioner had immediately cleared the arrears. Thus, at the time of scrutiny and the decision on his nomination, the arrears had been paid. The learned Single Judge held that the embargo under Rule 3B(D)(b) of the Bye-laws would not be applicable any further so as to invalidate the writ petitioner's candidature for the post of the President of KSCA.

5. It is stated in the Memorandum of Appeal that the appellant had also filed her nomination and is one of the contenders for the post of President of KSCA. However, at the outset, it was pointed out that the appellant has since withdrawn her candidature and therefore, is not one of the rival candidates for the post of President of KSCA. The learned counsel appearing for the appellant submitted that the appellant is seeking to maintain the present appeal as a Member of KSCA.

6. The material facts necessary to address the controversy, are not in dispute. It is pointed out that this Court had, by an order dated 21.11.2025 passed in W.P No.34890/2025 c/w W.P No.34902/2025 (GM-KSR), directed the Electoral Officer to conduct elections on 07.12.2025 in accordance with the Bye-laws and also to set out the Calendar of Events in compliance with the Bye-laws. We are also informed that in terms of the said order, the Court has appointed a former Judge of this Court to supervise the same and to ensure smooth conduct of elections.

7. It is to be noted that the elections were originally to be conducted on 30.11.2025. The writ petitioner being desirous of contesting the elections for the post of President of KSCA, had filed his nomination on 15.11.2025.

8. The writ petitioner states that he was not aware at that time that there were any outstanding dues payable by the Founder Institutional Member, DHPSC, of which he is the President.

9. The writ petitioner further submitted that DHPSC had participated in Group 2, 2^nd Division matches held in Season 2024- 25. It had also paid a sum of Rs.5,034/- on 11.02.2025 for participating in the said matches. The writ petitioner contented that if there is any issue of arrears, the DHPSC would not have been permitted to particip