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2025 Supreme(Kar) 2534

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Suraj Govindaraj, J.
Karnataka State Cricket Association - Petitioner
Versus
Electoral Officer, KSCA – Respondent
Writ Petition No. 34890 of 2025 (GM-KSR), Writ Petition No. 34902 of 2025 (GM-KSR)
Decided On : 21-11-2025

Advocates Appeared:
For the Petitioner: Sri. Udaya Holla., Sr. Adv For Sri. Suraj S., Adv.
For the Respondent: Sri. K.N. Panindra., Sr. Adv For Sri. Aryan Rao., Adv , Sri.Karan Gupta & Ms. Sai Tanushya., Adv, Sri. Arun Kumar., Sr. Adv. For, Sri. Preetham G.H., Adv, Sri. Manu Kulkarni & Sri. Karan Gupta & Sri. Sumuk B. Raj., Advs, Ms. Lakshmi Menon., Adv.

The Court emphasized that once elections commence, they cannot be postponed unless justified, asserting the importance of conducting elections in accordance with existing bye-laws and ensuring systemic compliance.

Headnote:(A) Election Law - Writ Petition - Quashing of postponement of election - The Court allowed the petitions challenging the postponement of elections from 30.11.2025 to 30.12.2025, directing the Electoral Officer to conduct the elections per the existing bye-laws under the supervision of a former Judge. (Paras 1-16)

(B) Procedural Fairness - The court affirmed the need for the election process to be conducted in a fair, orderly, and transparent manner, ensuring compliance with existing bye-laws. (Paras 10, 15)

Facts of the case:
Petitions were filed by the Karnataka State Cricket Association and a candidate challenging the Electoral Officer's letter postponing elections, emphasizing the necessity of adhering to the election timeline. (Paras 4-6)

Findings of Court:
The letter issued to postpone the election was quashed, with orders issued for the elections to proceed under specified conditions and supervision. (Paras 16)

Issues: Addressing whether elections could be postponed after being scheduled and the compliance with existing bye-laws was central to the petitions. (Para 5)

Ratio Decidendi: The court held the elections must be conducted as scheduled, noting that any delay could impact participation in domestic tournaments and potential administrative intervention under Section 27A of the Karnataka Societies Registration Act. (Paras 10, 11)

Result: Writ petitions allowed; election process directed to be held according to existing bye-laws under supervision.

Table of Content
1. petitioner seeks relief against electoral officer's postponement. (Para 1 , 2 , 3 , 4)
2. arguments regarding election postponement and compliance with bye-laws. (Para 5 , 6 , 9 , 10 , 11)
3. court's position on interpretation of bye-laws. (Para 7 , 8 , 12 , 13)
4. election must be conducted fairly under supervision. (Para 14 , 15)
5. final orders on conducting elections and quashing previous communication. (Para 16 , 17 , 18)

ORDER :

SURAJ GOVINDARAJ, J.

1. Petitioner-Karnataka State Cricket Association is before this Court in W.P.No.34890/2025 seeking for the following reliefs:

"a) Issue a Writ of Certiorari or any other Writ, Order or Direction quashing the Letter dated 17.11.2025 sent by the Respondent to the Petitioner (Annexure A).

b) Issue a Writ of Mandamus or any other Writ, Order or Direction directing the Respondent to fulfil his duties as per the Bye Laws (Annexure C) of the Petitioner and carry on the Election process of the Petitioner in terms of the duly published Election Calendar (Annexure E).

c) Issue such other Writs, Directions or Orders, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, in the interest of justice and equity."

2. W.P.No.34902/2025 has been filed by one of the members of the Karnataka State Cricket Association (for short 'KSCA') who is a candidate for the elections to be conducted by the KSCA and sought for the following reliefs:

"a) Issue a Writ of Certiorari or any other Writ, Order or Direction quashing the Letter dated 17.11.2025 sent by the Respondent No.1 to the respondent No.2 (Annexure A).

b) Issue a Writ of Mandamus or any other Writ, Order or Direction directing the Respondent Nos.1 and 2 to fulfill their duties as per the Bye Laws of the Petitioner and carry on the Election process of the 2nd Respondent in terms of the duly published Election Calendar (Annexure C).

c) Direct the Respondents to pay the costs of this Petition.

c) Issue such other Writs, Directions or Orders, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, in the interest of justice and equity."

3. Before the matter could be taken up, the intervention applications had been filed in all four in number. I.A.No.1/25 is filed by one of the members who wishes to be a candidate in the ensuing elections. I.A.Nos.2/25, 3/25, and 4/25 have been filed by the present members of the Managing Committee.

4. Essentially, in both matters, the letter issued by the Electoral Officer dated 17.11.2025, postponing the elections from 30.11.2025 to 30.12.2025, is under challenge.

5. The submission of Sri.Udaya Holla, learned Senior Counsel appearing for the petitioner in W.P.No.34890/2025 and Sri. Jayakumar.S.Patil, learned Senior Counsel appearing for the petitioner in W.P.No.34902/2025, is that the election once commenced could not be postponed, and as such, the election would have to be held on the fixed date. Apart therefrom, various submissions have been made as regards the interpretation of Bylaw 6A(ii)(e) and Bylaw 6B(2)(i)(e)(g) of KSCA and in that regard, reference has been made to various judgments of the Hon'ble Apex Court.

6. Sri. Arun Kumar, learned Senior Counsel appearing for the intervener in I.A.No.2/2025 has also made references to the very same judgments which were relied upon by the learned Senior Counsels appearing for the petitioners and seeks to provide his interpretation to the aforesaid clauses. The counsels appearing in the other intervening applications adopt the submissions of Shri Arun Kumar, learned Senior Counsel.

7. Upon a specific query posed by this Court to the learned counsel appearing on all sides as to whether they desired an interpretation or adjudication on the clauses above, all learned counsel representing the intervenors unequivocally stated that they do not seek any ruling, clarification, or interpretation of the said clauses from this Court. Conversely, the learned Senior Counsel appearing for the

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