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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR. VIBHU BAKHRU, CJ, C.M. POONACHA
Kalpana Venkatachar, Daughter Of Sri Venkatachar – Appellant
Versus
K.N. Shanth Kumar, Son Of Late K.A. Nettakallappa – Respondent
| Table of Content |
|---|
| 1. nature of the appellant's candidature as a life member. (Para 1 , 2) |
| 2. single judge's interpretation of membership condition. (Para 4 , 5) |
| 3. discussion on disqualification regarding payment of dues. (Para 11 , 20) |
| 4. court's affirmation of the lower court's ruling. (Para 22 , 26) |
JUDGMENT :
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).
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 court held that temporary payment arrears do not permanently disqualify a candidate from contesting elections, provided dues are settled before nomination scrutiny.
Disqualification for elections must be assessed at the date of scrutiny, not at nomination filing. A candidate's timely rectification of arrears allows participation, emphasizing the importance of br....
The judgment clarified the limited grounds for interference with an election process and emphasized that the Registrar's authority does not extend to directing re-scrutiny of rejected nominations.
The rejection of nominations must be based on substantial reasons, and the interpretation of the Rules and Regulations must align with the applicable laws and principles of natural justice.
The rejection of nominations for election was upheld due to substantial defects in compliance with statutory requirements, emphasizing the importance of strict adherence to election laws.
Returning Officer was required only to notice that on the dates of nomination and election in view of the order of conviction, whether the respondent No.5 was disqualified. The question whether subse....
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