A writ petition is not maintainable against a private entity that does not qualify as 'State' or an 'Instrumentality of the State' under Article 12 of the Constitution of India.

WRIT PETITION NO. 14874 OF 2026 (GM-RES)

C/W

WRIT PETITION NO. 14835 OF 2026 (GM-RES)

D igitally signed by NANDINI M

Location: HIGH COURT OF KARNATAKA

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS NOT TO CONDUCT ANY SGM AS SCHEDULED ON 10TH MAY 2026 AS IT IS VIOLATIVE OF THE UNDERTAKING GIVEN BY THEM BEFORE CITY CIVIL COURT, BANGALORE IN OS NO. 6688/24.

IN WP No.14835/2026

BETWEEN:

1. SRI A N K RAJU

S/O LATE A N NARAYANRAJU,

AGED ABOUT 68 YEARS,

R/AT. NO 164/A, 20TH MAIN ROAD,

JP NAGAR 2ND PHASE,

BENGALURU-560078.

MEMBER OF COSMOPOLITAN CLUB

REG.NO-LM 1181

…PETITIONER

(BY SRI. H. KANTARAJU, SENIOR COUNSEL FOR SRI.SHARANABASAVA CHANDRASHEKHARAYYA., ADVOCATE)

AND:

1. COSMOPOLITAN CLUB (REGD)

22ND CROSS, 3RD BLOCK,

JAYANAGAR, BENGALURU-560011

REPRESENTED BY ITS PRESIDENT

2. THE PRESIDENT,

COSMOPOLITAN CLUB (REG)

22ND CROSS, 3RD BLOCK,

JAYANAGAR, BENGALURU-560011

3. THE SECRETARY,

COSMOPOLITAN CLUB (REG)

22ND CROSS, 3RD BLOCK,

JAYANAGAR, BENGALURU-560011

…RESPONDENTS

(BY SRI. S.RAJASHEKAR, ADVOCATE FOR C/R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICES DTD. 30.04.2026 IN NO. CC/OA/023/2026-27 NO. CC/OA/024/2026-27 AND NO. CC/0A/025/2026-27 WHICH ARE AT ANNX-A, B AND C RESPECTIVELY AND GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, ETC.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. In the above captioned two writ petitions, the petitioners have challenged the first special general body meeting notice dated 30.04.2026 issued by the respondent-Club convening the Special General Body Meeting of the Club on 10.05.2026 in the club premises.

2. Learned Counsel for the petitioners submit that the impugned special general body meeting notice has been issued in contravention of the undertaking given by the office bearers of the respondent-Club in O.S.No.6688/2024 which is pending before the jurisdictional Civil Court at Bengaluru, and therefore, the same is bad in law. They also submit that the meeting notice has been issued in violation of the bye-laws of the club with an ulterior motive.

3. The respondent-Club is not a 'State' or an 'Instrumentality of the State' as defined under Article 12 of the Constitution of India. Under the circumstances, the action of the respondent-Club which is a private entity cannot be questioned in a writ petition. It appears that the parties are already before the jurisdictional Civil Court in O.S.No.6688/2024. Under the circumstances, if the petitioners are aggrieved by the impugned special general body meeting notice, it is for them to question the same in the said suit or by initiating appropriate proceedings before the proper forum. Since the writ petition filed against the impugned general body meeting notice is not maintainable, petitioners are not entitled for the reliefs sought in the writ petition. Accordingly, petitions are dismissed.