Indian Red Cross Society Vs Special Secretary to

INDIAN RED CROSS SOCIETY KARNATAKA STATE BRANCH A STATUTORY BODY CONSTITUTED UNDER PARLIAMENT ACT 15/1920 HAVING ITS OFFICE AT NO.26 RED CROSS BHAVAN, 1ST FLOOR, RACE COURSE ROAD BENGALURU 560 001. REPRESENTED BY ITS INCHARGE GENERAL SECRETARY SRI SHASHIKANT B.HIREMATH S/O BASAYYA, AGED ABOUT 66 YEARS, NO.26, RED CROSS BHAVAN 1ST FLOOR, RACE COURSE ROAD, BENGALURU 560 001.

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SRI. BASRUR RAJEEV SHETTY S/O LATE M.SHIVARAMA SHETTY, AGED ABOUT 73 YEARS, CHAIRMAN, INDIAN RED CROSS SOCIETY, NO. 26, RED CROSS BHAVAN, 1ST FLOOR, RACE COURSE ROAD, BENGALURU - 560 001.

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…PETITIONERS

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(BY SRI. SANATH KUMAR SHETTY K., ADVOCATE)

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2 - NC: 2026:KHC:32943 WP No. 19809 of 2026

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HC-KAR

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AND:

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SPECIAL SECRETARY TO THE GOVERNOR OF STATE OF KARNATAKA LOK BHAVAN, BENGALURU -560 001.

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VICE PRESIDENT INDIAN RED CROSS SOCIETY KARNATAKA STATE BRANCH NO.26, RED CROSS BHAVAN, 1ST FLOOR, RACE COURSE ROAD, BENGALURU - 560 001. REPRESENTED BHASKAR RAO RETIRED IPS

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…RESPONDENTS

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(BY SRI. MOHAMMED JAFAR SHAH, AGA)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE COMMUNICATION DATED:18.06.2026 IN REF. NO. GS ADM 2026 ISSUED BY THE 1^ST RESPONDENT SPECIAL SECRETARY TO THE GOVERNOR FOR AND ON BEHALF OF HIS EXCELLENCY THE GOVERNOR OF STATE OF KARNATAKA VIDE ANNEXURE-A AND ALSO THE FOLLOWING COMMUNICATION ISSUED BY THE 2^ND RESPONDENT WHO IS THE VICE PRESIDENT OF INDIAN RED CROSS SOCIETY, KARNATAKA STATE BRANCH DATED:19.06.2026 IN REF. NO. IRCS/ADM/1239-1282/202627 VIDE ANNEXURE-B.

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

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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3 - NC: 2026:KHC:32943 WP No. 19809 of 2026

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HC-KAR

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ORAL ORDER

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Notice to respondents No.1 and 2 is dispensed with

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in view of the proposed order to be passed.

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Petitioner is before this Court seeking for the following reliefs:

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(a) Issue a writ in the nature of certiorari to quash the communication dated 18.06.2026 in Ref.No.GS ADM 2026 issued by the 1^st respondent Special Secretary to the Governor for and on behalf of his Excellency the Governor of State of Karnataka Vide Annexure-A and also the following communication issued by the 2^nd respondent who is the Vice President of Indian Red Cross Society, Karnataka State Branch dated 19.06.2026 in Ref.No.IRCS/ADM/12391282/2026-27 vide Annexure-B.

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(b) Pass such other writ, order or direction as this Hon'ble Court deems fit and proper under the circumstances of this case.

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The first respondent had issued a letter on 18.06.2026 to the second respondent on the basis of complaints received by the President of the

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HC-KAR

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Indian Red Cross Society, namely His Excellency, the Governor of Karnataka. In the complaints received by the President, (hereinafter referred to as the 'President'), there were allegations made as regards the membership, financial irregularities, procedural deviations, improper implementation of projects etc., and it is in that background the first respondent has written to the second respondent to submit a detailed report regarding the representations received and further directed not to proceed with taking any major executive decisions except such duties which are routine in nature for Indian Red Cross Society, Karnataka State Branch, until further directions on the next Managing Committee Meeting.

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It is in pursuance thereof that the second respondent had written to the Chairman about the communication. But further indicated that the resignation of one Sri. Umakant, General Secretary would be kept in abeyance and he was directed to

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HC-KAR

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assume responsibility of General Secretary of Red Cross and carry out his normal duties. All appointments to various positions recently made were kept in abeyance and are instructed not to assume any charge and Sri.Umakant was directed to collect the documents and assist the Vice President in conducting a thorough enquiry and further indicated that no meeting will be called by the Chairman, Indian Red Cross Society, Karnataka State Branch for any of the sub-committee meetings at the headquarter level without the permission of the President till the enquiry is completed.

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The matter is relating to the internal Management of the Indian Red Cross Society. The President having written to the Vice President to conduct an enquiry, enquiry is being conducted by the Vice President. Though it is contended by Mr.Shetty, learned counsel for the petitioner that a resignation could not be kept in abeyance, the person if at all

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HC-KAR

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aggrieved being Sri.Umakant is not before this Court seeking for any reliefs. Hence, that contention cannot be accepted.

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Be that as it may, Sri.Umakant was stated to be the General Secretary and the Vice President was of the opinion that his assistance is required to conduct a thorough enquiry. This again being the internal management of the Society cannot be agitated in a writ petition.

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The submission of Sri.Sanath Kumar Shetty, learned counsel for the petitioner by relying on the decision of the Hon'ble Kerala High Court dated 28.03.2017 in Writ Appeal No.1765/2016 is that, even the President of the Indian Red Cross Society would not have the right to conduct any enquiry or take any disciplinary action.

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The Hon'ble Division Bench of the Kerala High Court in the aforesaid decision was dealing with a situation where the State of Kerala had superseded

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HC-KAR

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the Red Cross Society and it is that supersession which was under consideration before the Hon'ble Division Bench and in that background, The Hon'ble Kerala High Court had come to a conclusion that the President had asked the Government to conduct a enquiry, but the Government had acted on its own and superseded the Society and held that neither the State Government nor the President of the State Branch has any role in disciplining either the Managing Committee or its Chairman.

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In the present case since the supersession was considered to be a disciplinary act, there is no disciplinary action which has been taken by anyone. The President has only directed to conduct the enquiry by the Vice President and Vice President is conducting the enquiry. It is on the basis of the enquiry report, necessary action would have to be taken by the concerned in terms of the applicable Bylaws of the Society on the applicable law.

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HC-KAR

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At present, what has been directed by the Vice President is only the conduct of an enquiry, which the petitioners cannot have any grievance with. Such an enquiry cannot be obstructed by filing a writ petition of this nature, which relates to the internal affairs and management of the Society. If at all the petitioner is aggrieved by any of the orders passed by the Vice President, the petitioner could always avail of civil remedies and not by way of a writ petition, since the grievances are relates to internal management of a Society.

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Accordingly, the writ petition is dismissed .

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SD/(SURAJ GOVINDARAJ) JUDGE

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AP

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List No.: 1 Sl No.: 27

Indian Red Cross Society v. Special Secretary to

Case brief

What is this about?

What did the court decide?

Indian Red Cross Society v. Special Secretary to

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

Statutes considered

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Coram

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