IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 2003 OF 2025 (DEC)

BETWEEN:

DR. M.S. DINAKAR AGED ABOUT 61 YEARS S/O. M. SINGARAM R/AT 816, 3^RD CROSS, 1^ST BLOCK, KALYANAGAR, BENGALURU-560043 …APPELLANT (BY SRI. S. KALYAN BASAVARAJ, ADVOCATE)

AND:

1. HENNUR BANASWADI COSMOPOLITAN CLUB (REGD)

CA-7, 80 FEET ROAD, 2^ND BLOCK, HRBR LAYOUT, KALYAN NAGAR, BENGALURU-560 043 REPRESENTED BY ITS HON. SECRETARY

2. THE RETURNING OFFICER HENNUR BANASWADI COSMOPOLITAN CLUB (REGD), Digitally CA-7, 80 FEET ROAD, 2^ND BLOCK, signed by HEMALATHA HRBR LAYOUT, KALYAN NAGAR, J BENGALURU-560 043 Location:

HIGH COURT

3. DR. ANTHONY S.N.

OF KARNATAKA AGED ABOUT 70 YEARS R/AT NO.22, ANUSMIHA NIVAAS, 3^RD MAIN, NANJUNDAPPA ROAD, KACHARKNANAHALLI ROAD, BENGALURU-560084.

…RESPONDENTS (BY SRI. S.G.HEGDE, ADVOCATE FOR RESPONDENT NOS.1 AND 3-

VAKALAT NOT FILED FOR RESPONDENT NO.1;

NOTICE IS SERVED ON RESPONDENT NO.2)

THIS RFA IS FILED UNDER SECTION 96 OF CPC READ WITH ORDER XLI RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE DATED 23.07.2025 PASSED IN O.S.NO.25763/2024 ON THE FILE OF THE LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU, (CCH-73), DISMISSING THE SUIT FOR DECLARATION.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL JUDGMENT

This Regular First Appeal is filed by the unsuccessful plaintiff challenging the judgment and decree dated 23.07.2025 passed by the LXXII Additional City Civil and Sessions Judge, Mayohall, Bengaluru, in O.S. No.25763/2024.

2. The parties shall henceforth be referred to as they were arrayed before the Trial Court. The appellant herein was the plaintiff while the respondents herein were the defendants before the Trial Court.

3. The suit in O.S. No.25763/2024 was filed for a declaration that the results of the election held on 28.07.2024 in so far as it relates to the election of the defendant No.3 as the Vice President of defendant No.1 - Club as null and void and consequently, to declare the plaintiff as duly elected Vice President of the defendant No.1.

4 (i). The plaintiff claimed that he is a member of the defendant No.1, which is a Society registered under the Karnataka Societies Registration Act, 1960. He contends that the election to the Managing Committee of the defendant No.1 was held on 28.07.2024 along with the 24^th Annual General Body Meeting. The Calendar of events was issued on 12.07.2024 proposing to hold the elections on 28.07.2024. He contends that the Calendar of events and publishing of the list of voters was contrary to the bye-laws of the defendant No.1. The eligible voters’ list was published on 25.07.2024 which was three days prior to the elections to the defendant No.1 - Club. The plaintiff contested for the post of the Vice President of the Club. Likewise, the defendant No.3 also contested to the post of Vice President. The plaintiff alleged that the defendant No.3 was not a qualified Doctor but yet represented himself to be a Doctor. He misrepresented to the members that he was a Doctor, which dented the chances of the plaintiff, who is a medical practitioner. He contended that as a result of this false propaganda, the plaintiff was defeated in the election by a very less margin.

(ii). The plaintiff further contended that the defendant No.3 colluded with the erstwhile management in publishing the voters’ list on 25.07.2024 though it must have been done much earlier and thereby, deprived an opportunity to the plaintiff to raise objections against the voting members, whose names were entered in the list. He claimed that the Returning Officer after publishing the valid voters list on 25.07.2024, should not have allowed any other members who were not eligible to vote at the elections. However, the Returning Officer permitted the ineligible members to vote at the elections held on 28.07.