Petitioner challenged his expulsion from a private registered society via Writ Petition under Articles 226 and 227 of the Constitution. The Court found no public law element and held the club is not an instrumentality of the State.
Writ Petition disposed of; jurisdictional Civil Court directed to take up grievance on urgent basis.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.23053 OF 2021 (GM-KSR)
BETWEEN:
SRI. SUBBE GOWDA, S/O LATE DODDINATHE GOWDA, AGED ABOUT 65 YEARS, R/AT S/287, 4TH MAIN, VIVEKANANDA NAGAR, MYSURU – 570 034. AADHAR NO.901776942600.
…PETITIONER
(BY SRI. JAGADEESHWAR J, ADVOCATE)
AND:
…RESPONDENTS
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS FROM THE RESPONDENTS AND QUASH THE RESOLUTION/DISMISSAL DATED 01.11.2021, ISSUED BY THE R-1 CLUB VIDE ANNX-L AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The grievance of the petitioner is as to his expulsion
from the membership of the first respondent Club which is apparently a society registered under the provisions of Karnataka Societies Act, 1960; the Apex Court repeatedly has held that unless the Societies are shown to be the instrumentalities of the ‘State’ u/a 12 of the Constitution of India, in terms of the law declared in R.D.Shetty Vs.
International Airport Authority of India, AIR 1979 SC 1628 or the actions of the society are demonstrated to be pregnant with sufficient public law elements, the Writ Court should not interfere in the matter.
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“instrumentality of the State” as mentioned above; that being the position, the Writ Petition is disposed off requesting the jurisdictional Civil Court to take up petitioner’s grievance on urgent basis if an appropriate application is made, all contentions having been kept open.
Sd/JUDGE
cbc
2 issues framed by the court
Whether the Writ Court can interfere with the expulsion of a member from a private society registered under the Karnataka Societies Act, 1960.
Whether the respondent Club qualifies as an 'instrumentality of the State' under Article 12 of the Constitution of India to attract writ jurisdiction.
Colour shows how this judgement treated each authority
R.D. Shetty vs. International Airport Authority of IndiaRelied on¶21
R.D.Shetty Vs. International Airport Authority of India, AIR 1979 SC 1628 · Who else cites this
3 provisions across 2 enactments
Sri. Subbe Gowda
Vivek Social Club
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court