IN THE HIGH COURT OF KARNATAKA AT BENGALURU
NC: 2026:KHC:27736
WP No. 15345 of 2026
BETWEEN:
1. M V SAMPATH IYENGAR
SON OF M VENKATACHALA IYENGAR,
AGED ABOUT 81 YEARS
AT NO. 136/6, FIRST MAIN ROAD,
SESHADRIPURAM,
BANGALORE-560 020.
2. N. DINESH RAO,
SON OF LATE K NARASAPPAYYA,
AGED ABOUT 71 YEARS
AT NO. 319/1, 4TH MAIN,
SADASHIVANAGAR,
BANGALORE - 560 080.
3. SANTHOSH S.P,
SON OF P H SANAKYANAVAR,
AGED ABOUT 43 YEARS,
AT OLD NO. 12, NEW NO.2/196/99,
RENUKA DEVI NILAYA,
7TH CROSS, SBM LAYOUT,
MATHIKERE,
BANGALORE 560 054.
4. KEDARNATH PATIL,
SON OF B. L BASAVANGOUDA,
AGED ABOUT 69 YEARS,
AT NO. 440, 9TH MAIN, 6TH CROSS,
1ST STAGE, 2ND BLOCK,
HBR LAYOUT, NEAR BDA COMPLEX,
BANGALORE 560 043.
5. L RAMESH,
SON OF LAKAPPA,
AGED ABOUT 60 YEARS,
AT NO.21, 4TH MAIN, 8TH CROSS,
MALLESWARAM,
BANGALORE - 560 003.
6. RAKESH KUMAR P S.
AGED ABOUT 50 YEARS,
SON OF P H SANAKYANAVAR,
AT NO.70, PUSHPAGIRI APARTMENT,
GF-2, 4TH CROSS, 4TH MAIN,
RMV II STAGE, DOLLARS COLONY,
MLA LAYOUT, LOTTEGOLLAHALLI.
BANGALORE-500 094.
7. MR. ASHOK B PATIL.
AGED ABOUT 68 YEARS,
SON OF LATE B S PATIL,
AT NO. 159, 2ND CROSS,
CE LAYOUT. BOOPASANDRA,
BANGALORE-560 094.
8. K N SHIVASHANKAR.
SON OF LATE K V N RAO
AGED ABOUT 78 YEARS,
AT 103/6, 11TH CROSS,
GURUKRUPA, MALLESHWARAM
BANGALORE - 560 003
9. SMT. RASHMI BHUVANESH,
AGED ABOUT 43 YEARS,
WIFE OF SANTOSH S P,
AT OLD NO. 12, NEW NO.2/196/99,
RENUKA DEVI NILAYA,
7TH CROSS, SBM LAYOUT,
MATHIKERE,
BANGALORE - 560 054
… PETITIONERS
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF COOPERATION,
VIKAS SOUDHA,
AMBEDKAR VEEDHI,
BANGALORE 560 001.
2. THE DISTRICT REGISTRAR
OFFICE OF DISTRICT REGISTRAR OF SOCIETIES,
4TH ZONE, BANGALORE URBAN DISTRICT,
NO. 146, SAHAKARA SOUDHA,
3RD FLOOR, 3RD MAIN ROAD,
8TH CROSS, MARGOSA ROAD,
MALLESHWARAM,
BANGALORE - 560 003.
3. SADASHIVANAGAR CLUB,
REPRESENTED BY ITS SECRETARY,
NO.21. 15TH CROSS,
SADASHIVANAGAR,
BANGALORE - 560 080.
4. EXECUTIVE COMMITTEE,
SADASHIVANAGAR CLUB,
NO.21, 15TH CROSS,
SADASHIVANAGAR,
BANGALORE - 560 080.
… RESPONDENTS
(BY SRI. JAYAPRAKASH REDDY, ADVOCATE FOR SRI NAYANKUMAR S., ADVOCATE)
(BY SMT. SARITHA KULKARNI, AGA FOR R1 AND R2;
SRI JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR
SRI BRIJESH PATIL, ADVOCATE FOR R3 & R4)
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
DATED THIS THE 9TH DAY OF JUNE, 2026
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING R2 TO CONSIDER AND PASS APPROPRIATE ORDERS ON PETITION NO.DRB 4/ASOR/DOORU/21/2026-27 DATED 04/05/2026 FILED BY PETITIONERS, COPY OF WHICH IS PRODUCED AS ANNEXURE K AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
WRIT PETITION NO. 15345 OF 2026 (GM-KSR)
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs:
i) Issue a Writ, Direction or Order including Writ of Mandamus directing Respondent No.2 to consider and pass appropriate orders on Petition No.DRB-4/ASOR/Dooru/21/2026-27 dated 04/05/2026 filed by petitioners, copy of which is produced as Annexure K,
ii) A Writ of Certiorari quashing the Forensic Audit and Enquiry Report dated 20/04/2026 copy of which is produced as Annexure J,
iii) a Writ of Certiorari quashing the suspension order bearing Nos. SNC/S-249/2026/092, SNC/D-049/2026/093, SNC/S 307/2026/097, SNC/KSR031/2026/095, SNC/R-194/2026/096, SNC/R-SP 242/2026/094, SNC/A-SR034/2026/100, SNC/S-SR126/2026/101 and SNC/ RSD 110/2026/102 dated 24/04/2026 passed against Petitioners by Respondent Nos.3 and 4, copies of which are produced as Annexure H(1) to H(9) and
iv) Grant such other and further relief as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.
2. The submission of learned counsel for the petitioner is that
2.1. Learned counsel submits that at the General Body Meeting held on 27.07.2025, several items of business were transacted in a manner contrary to the Memorandum of Association, Rules, Bye-laws and established procedure governing the affairs of the Club. According to him, the proceedings conducted at the said meeting suffer from procedural irregularities which vitiate the decisions taken therein.
2.2. It is his specific contention that during the course of the said meeting, the then existing Committee members were compelled to vacate their positions and step down from the dais. Thereafter, certain other members were purportedly installed in their place and proceeded to participate in the conduct of the meeting. It is further submitted that the persons so inducted assumed control over the proceedings and caused various resolutions to be passed, including a resolution directing a detailed enquiry into the affairs and administration of the Club.
2.3. Learned counsel contends that such a course of action is wholly impermissible in law. According to him, the tenure of office bearers and Committee members can be brought to an end only in the manner contemplated under the Rules and Bye-laws governing the Club. In the absence of a valid election, vote of no confidence, removal proceedings or any other procedure recognised under the governing framework of the Club, the existing Committee members could neither have been compelled to relinquish their positions nor could any new Committee members have been inducted in their place. The resolutions passed by such newly constituted body are therefore, according to him, without authority and liable to be ignored.
2.4. Learned counsel further submits that one of the resolutions purportedly passed at the said meeting was for undertaking a forensic audit and detailed scrutiny of the affairs of the Club. According to him, such a resolution is itself unsustainable inasmuch as an enquiry into the affairs of a registered society can be conducted only in the manner contemplated under the provisions of the Karnataka Societies Registration Act, 1960. Referring specifically to Section 25 of the Act, he submits that where an enquiry into the constitution, working or financial affairs of a society is contemplated, the same must be undertaken only through the statutory mechanism prescribed therein and not through a body whose very constitution is under challenge. He therefore contends that the decision directing a forensic aud
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