Sri Mi Soans v. the State of Karnataka

Karnataka HC17 Jun 2026WP/18174/2026

Case brief

AI extract

What is this about?

Maintainability of writ challenge to society bye-laws; Karnataka Societies Registration Act, 1960; Article 7 Rules and Regulations of Young Men's Christian Association, Bengaluru; annual election of Board of Directors; Nomination Committee selection declared null and void sought; ultra vires / null and void declaration refused; bye-law treated as contract between members; remedy lies in civil proceedings; liberty reserved; Justice Suraj Govindaraj; WP No. 18174 of 2026 (GM-KSR); disposed; no precedent cited; no monetary quantum.

What did the court decide?

No substantive relief; petition disposed of with liberty reserved to the petitioners to file appropriate civil proceedings against the Articles of the Rules and Regulations. ¶¶39

Sri Mi Soans Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No substantive relief; petition disposed of with liberty reserved to the petitioners to file appropriate civil proceedings against the Articles of the Rules and Regulations.

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Issue for consideration

Whether Article 7 (Sections 1 to 5) of the Rules and Regulations of Respondent No. 3, the Young Men's Christian Association — relating to annual election of the Board of Directors and nomination by selection through a Nomination Committee — is illegal, ultra vires and null and void, and whether Respondent No. 3 must be directed to hold proper elections as per law.

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Court's answer

An article or a byelaw of a Society cannot be challenged as ultra vires and null and void, since it is a contract entered into between the members of the Society at the time of their entry into membership.

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Ratio / Principle

If a petitioner is aggrieved by any of the terms and conditions of any of the Articles of the Rules and Regulations, it is open to the petitioners to file appropriate civil proceedings; such liberty was reserved.

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Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution by four members of the Young Men's Christian Association, a society registered under the Karnataka Societies Registration Act, 1960, challenging Article 7, Sections 1 to 5, of the Society's Rules and Regulations (bye-laws under Annexure 'A') governing annual election of the Board of Directors and nomination by selection through a Nomination Committee, as illegal, ultra vires and null and void, and seeking a direction to hold proper elections. Held, disposing of the petition: an article or a byelaw of a Society is a contract entered into between the members at the time of their entry into membership and therefore cannot be challenged as ultra vires or null and void; a member aggrieved by the terms of the Articles must pursue appropriate civil proceedings, and such liberty was reserved. Pending applications did not survive and were disposed of.

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1 - NC: 2026:KHC:29770 WP No. 18174 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18174 OF 2026 (GM-KSR)

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BETWEEN:

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SRI MI SOANS S/O IMANUEL AGED ABOUT 88 YEARS R/AT NO. 21/1, 6TH CROSS, 13^TH F MAIN, HAL II STAGE, INDIRANAGAR, BENGALURU-560038

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DR. JACOB CRASTA S/O MR. BAPTIST CRASTA AGED ABOUT 72 YEARS, NO. 2, 13-05, HMT MAIN ROAD, PLATINUM CITY, BANGALORE – 560022

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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DR. K. CHACKO SAMUEL S/O MR. MATHAI CHACKO AGED ABOUT 72 YEARS, 2141, 6TH MAIN, LEELA PALACE ROAD, HAL 3^RD STAGE, KODIHALLI, BANGALORE-560008

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MR. ANANDA N. S/O MR. NARASIMHAIAH AGED ABOUT 43 YEARS, 533/2, 3RD MAIN, 2ND CROSS, BASAVALINGAPPA NAGAR, BANNERGHATTA ROAD POST, BANGALORE - 560076

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…PETITIONERS

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(BY SRI. SURESH S. LOKRE., SR. COUNSEL FOR SRI. SHRAVAN S LOKRE.,ADVOCATE)

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2 - NC: 2026:KHC:29770 WP No. 18174 of 2026

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HC-KAR

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, MINISTRY OF SOCIETIES, VIDHANA SOUDHA, BENGALURU-560 001.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU URBAN DISTRICT, RANGE NO.4, NO.146, 'SAHAKARA SOUDHA', 3^RD FLOOR, 3^RD MAIN ROAD, 8^TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU-560 003. 3. THE YOUNG MEN'S CHRISTIAN ASSOCIATION, (REGD. UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960) HAVING ITS REGISTERED OFFICE AT NO.14, NRUPATUNGA ROAD, BENGALURU-560 001. REPRESENTED BY ITS GENERAL SECRETARY DR. DANIEL RATHANAKAR. S/O. LATE J. JOSEPH, AGED ABOUT 68 YEARS, YOUNG MEN'S CHRISTIAN ASSOCIATION, NO.14, NRUPATUNGA ROAD, BENGALURU-560 001.

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…RESPONDENTS

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(BY SMT. SARITHA KULKARNI., AGA )

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE ABOVE WRIT PETITION AND DECLARE THE BYE LAWS UNDER ANNEXURE - 'A' AS PER ARTICLE 7 FROM SECTION 1 TO SECTION 5 AS ILLEGAL, ULTRA VIRES AND NULL AND VOID AND DIRECT THE RESPONDENT NO.3 ASSOCIATION TO HOLD PROPER ELECTIONS OF THE RESPONDENT NO.3 AS PER LAW AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMIANRY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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3 - NC: 2026:KHC:29770 WP No. 18174 of 2026

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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Learned AGA accepts notice for respondent Nos.1 and 2.

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The Petitioners are before this Court seeking for the following reliefs:

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( a) Allow the above Writ Petition,

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(b) Declare the bye laws under Annexure 'A' as per Article 7 from Section 1 to Section 5 as illegal, Ultra Vires and Null & Void and Direct the Respondent No.3 Association. to hold proper Elections of the Respondent No.3 as per Law;

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(c) Declare that the Proposed Nomination by way of Selection through Nomination Committee to be held on 17.06.2026 by the 3rd Respondent Nomination Committee as Null & Void; as 'Annexure-B' dated 4/6/26.

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(d) Award the costs and such other reliefs as this Hon'ble Court may deem fit in the above case in the interest of Justice and Equity.

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Essentially, what has been challenged is Article 7 of the Rules and Regulations of the Young Men's Christian Association, which is a Society registered under the Karnataka Societies Registration Act, 1960.

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4 - NC: 2026:KHC:29770 WP No. 18174 of 2026

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HC-KAR

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Article 7 relates to ‘Annual Election of Board of Directors.' An article or a bylaw of a Society cannot be challenged as ultra vires and null and void since the same is a contract entered into between the members of the Society at the time of their entry into the membership. If at all the petitioner is aggrieved by any of the terms and conditions of any of the Articles of the Rules and Regulations, it is always available for the petitioners to file appropriate civil proceedings.

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Reserving such liberty, the petition stands disposed of .

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In view of disposal of the main petition, pending applications, if any, do not survive for consideration. Hence, the same are disposed.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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KTY List No.: 3 Sl No.: 1

Sri Mi Soans v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Mi Soans v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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