Citation : 2025 Latest Caselaw 10507 Kant
Judgement Date : 21 November, 2025
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WP No. 34890 of 2025
C/W WP No. 34902 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 34890 OF 2025 (GM-KSR)
C/W
WRIT PETITION NO. 34902 OF 2025 (GM-KSR)
IN WP No. 34890/2025
BETWEEN:
KARNATAKA STATE CRICKET ASSOCIATION,
AN ASSOCIATION REGISTERED UNDER
THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960
NO.1, M. CHINNASWAMY STADIUM, CUBBON ROAD,
SHIVAJI NAGAR, BANGALORE-560001.
REPRESENTED BY ITS CEO.
...PETITIONER
(BY SRI. UDAYA HOLLA., SR. ADV FOR SRI. SURAJ S., ADV)
AND:
ELECTORAL OFFICER, KSCA
DR. B. BASAVARAAJU, I.A.S. (RETD.),
KARNATAKA STATE CRICKET ASSOCIATION,
1ST FLOOR, M. CHINNASWAMY STADIUM,
Digitally signed
by SHWETHA CUBBON ROAD, BANGALORE 560001.
RAGHAVENDRA ...RESPONDENT
Location: HIGH
COURT OF (BY SRI. K.N. PANINDRA., SR. ADV FOR SRI. ARYAN RAO., ADV FOR
KARNATAKA ELECTROL OFFICER/RESPONDENT;
SRI.KARAN GUPTA & Ms. SAI TANUSHYA., ADV FOR IA 1/2025;
SRI. ARUN KUMAR., SR. ADV. FOR
SRI. PREETHAM G.H., ADV FOR IA 2/2025,
SRI. MANU KULKARNI & SRI. KARAN GUPTA &
SRI. SUMUK B. RAJ., ADVS FOR IA 3/2025;
Ms. LAKSHMI MENON., ADV FOR IA 4/2025)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE LETTER
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WP No. 34890 of 2025
C/W WP No. 34902 of 2025
HC-KAR
DTD. 17.11.2025 SENT BY THE RESPONDENT TO THE PETITIONER
(ANNEXURE-A) AND ETC.
IN WP NO.34902/2025
BETWEEN:
B. K. RAVI
S/O. LATE B. K. KESHAVAMURTHY,
AGED ABOUT 60 YEARS,
RESIDING AT NO. 34, 6TH CROSS,
THYAGARAJANAGAR, BENGALURU-560 070.
...PETITIONER
(BY SRI. JAYAKUMAR S. PATIL. SR. ADV FOR
SRI. VAIBAV M, ADVOCATE)
AND:
1. ELECTORAL OFFICER, KSCA
DR. B. BASAVARAAJU, I.A.S. (RETD.),
KARNATAKA STATE CRICKET ASSOCIATION,
1ST FLOOR, M. CHINNASWAMY STADIUM,
CUBBON ROAD, BANGALORE-560 001.
2. KARNATAKA STATE CRICKET ASSOCIATION
AN ASSOCIATION REGISTERED UNDER THE KARNATAKA
SOCIETIES REGISTRATION ACT, 1960,
NO. 1, M. CHINNASWAMY STADIUM, CUBBON ROAD,
SHIVAJI NAGAR, BANGALORE-560 001.
REPRESENTED BY ITS CEO.
...RESPONDENTS
(BY SRI.UDAYA HOLLA., SR. ADV FOR SRI. SURAJ.S. ADV FOR R2;
SRI. K.N. PHANINDRA SR. ADV FOR SRI. ARYAN RAO FOR
ELECTORAL OFFICER/RESPONDENT NO.1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION
QUASHING THE LETTER DATED 17.11.2025 SENT BY THE
RESPONDENT NO.1 TO THE RESPONDENT NO.2 (ANNEXURE A) AND
ETC.
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
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WP No. 34890 of 2025
C/W WP No. 34902 of 2025
HC-KAR
ORAL ORDER
1. Petitioner-Karnataka State Cricket Association is before
this Court in W.P.No.34890/2025 seeking for the
following reliefs:
"a) Issue a Writ of Certiorari or any other Writ, Order or Direction quashing the Letter dated 17.11.2025 sent by the Respondent to the Petitioner (Annexure A).
b) Issue a Writ of Mandamus or any other Writ, Order or Direction directing the Respondent to fulfil his duties as per the Bye Laws (Annexure C) of the Petitioner and carry on the Election process of the Petitioner in terms of the duly published Election Calendar (Annexure E).
c) Issue such other Writs, Directions or Orders, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, in the interest of justice and equity."
2. W.P.No.34902/2025 has been filed by one of the
members of the Karnataka State Cricket Association (for
short 'KSCA') who is a candidate for the elections to be
conducted by the KSCA and sought for the following
reliefs:
"a) Issue a Writ of Certiorari or any other Writ, Order or Direction quashing the Letter dated 17.11.2025 sent by the Respondent No.1 to the respondent No.2 (Annexure A).
b) Issue a Writ of Mandamus or any other Writ, Order or Direction directing the Respondent Nos.1
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and 2 to fulfill their duties as per the Bye Laws of the Petitioner and carry on the Election process of the 2nd Respondent in terms of the duly published Election Calendar (Annexure C).
c) Direct the Respondents to pay the costs of this Petition.
c) Issue such other Writs, Directions or Orders, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, in the interest of justice and equity."
3. Before the matter could be taken up, the intervention
applications had been filed in all four in number.
I.A.No.1/25 is filed by one of the members who
wishes to be a candidate in the ensuing elections.
I.A.Nos.2/25, 3/25, and 4/25 have been filed by the
present members of the Managing Committee.
4. Essentially, in both matters, the letter issued by the
Electoral Officer dated 17.11.2025, postponing the
elections from 30.11.2025 to 30.12.2025, is under
challenge.
5. The submission of Sri.Udaya Holla, learned Senior
Counsel appearing for the petitioner in
W.P.No.34890/2025 and Sri. Jayakumar.S.Patil,
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learned Senior Counsel appearing for the petitioner
in W.P.No.34902/2025, is that the election once
commenced could not be postponed, and as such,
the election would have to be held on the fixed date.
Apart therefrom, various submissions have been
made as regards the interpretation of Bylaw 6A(ii)(e)
and Bylaw 6B(2)(i)(e)(g) of KSCA and in that regard,
reference has been made to various judgments of
the Hon'ble Apex Court.
6. Sri. Arun Kumar, learned Senior Counsel appearing
for the intervener in I.A.No.2/2025 has also made
references to the very same judgments which were
relied upon by the learned Senior Counsels appearing
for the petitioners and seeks to provide his
interpretation to the aforesaid clauses. The counsels
appearing in the other intervening applications adopt
the submissions of Shri Arun Kumar, learned Senior
Counsel.
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7. Upon a specific query posed by this Court to the
learned counsel appearing on all sides as to whether
they desired an interpretation or adjudication on the
clauses above, all learned counsel representing the
intervenors unequivocally stated that they do not
seek any ruling, clarification, or interpretation of the
said clauses from this Court. Conversely, the learned
Senior Counsel appearing for the Petitioners
submitted that they would have no objection if this
Court were to undertake such an interpretative
exercise. This divergence in the positions of the
parties has been duly noted.
8. In light of the above submissions, and
notwithstanding the fact that extensive arguments
were advanced touching upon the interpretation and
legal effect of those clauses, this Court is of the
considered view that it is neither necessary nor
appropriate to enter into those questions at this
juncture. Accordingly, the various submissions made
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on the meaning, scope, and applicability of the said
clauses do not warrant examination, and this Court
refrains from expressing any opinion thereon. The
issues raised in that regard are thus left open.
9. The learned counsel for the intervenors further
submit, in unequivocal terms, that they have no
objection whatsoever to the conduct of elections, and
that they remain fully committed to ensuring
compliance with the orders of the Hon'ble Supreme
Court. Their singular contention, however, is that
such elections must be conducted strictly in
accordance with the existing bye-laws governing the
Association and in conformity with the binding
judgments of the Hon'ble Supreme Court. No other
objection to the electoral process has been urged by
them.
10. Sri Jayakumar S. Patil, learned Senior Counsel, has
urged that the Electoral Officer may appropriately be
directed to proceed with the election process, subject
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only to minor modifications rendered necessary on
account of the delay occasioned by the issuance of
the communication dated 17.11.2025 postponing the
elections. He further submits that, to inspire
confidence in all stakeholders and to facilitate the
expeditious completion of the electoral process, this
Court may appoint a former Judge of this Court to
oversee and supervise the conduct of the elections.
11. His concern is that any further delay in holding the
elections may adversely impact the recognition of the
State team representing Karnataka as part of KSCA,
potentially resulting in the players not being
permitted to participate in domestic tournaments.
Additionally, he expresses apprehension that
prolonged uncertainty may invite the exercise of
powers by the State Government under Section 27A
of the Karnataka Societies Registration Act, 1960,
culminating in the appointment of an administrator.
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12. Taking into account the submissions advanced on
behalf of all parties, this Court called upon
Sri.K.N.Phanindra, learned Senior Counsel appearing
for the Electoral Officer, to enquire and make his
submissions regarding the feasibility of proceeding
with the election. Upon receiving instructions from
the Electoral Officer, Sri Phanindra conveyed that the
Electoral Officer is prepared and willing to conduct
the election strictly in accordance with a time frame
to be fixed by this Court, and that such election may
be held under the supervision of a former Judge of
this Court, should this Court deem it appropriate.
13. The learned counsel for the intervenors expressed no
objection to this proposal and initially suggested the
name of an Hon'ble former Judge for supervising the
election. However, upon attempts to secure his
consent, it was conveyed that the learned former
Judge would not be available on the relevant dates.
Thereafter, the learned counsel for the Petitioners,
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having obtained prior consent, proposed the name of
Hon'ble Shri Justice Subhash Adi, former Judge of
this Court, to oversee the entire electoral process.
The learned counsel for the intervenors have
confirmed that they have no objection to the
appointment of Hon'ble Shri Justice Subhash Adi,
former Judge of this Court.
14. In view of the above, and in light of the consensus
now arrived at among all parties appearing before
this Court, it is clear that the elections are required
to be conducted at the earliest in a fair, orderly, and
transparent manner, under the supervision of a
former Judge of this Court. As all parties agree that
this Court need not adjudicate upon or interpret the
clauses referred to above for the present purpose,
the Court refrains from doing so.
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15. Accordingly, the following directions are issued:
i. In view of the consensus recorded above, the
election to the Karnataka State Cricket
Association (KSCA) shall be conducted by the
Electoral Officer under the supervision of
Hon'ble Shri Justice Subhash Adi, former Judge
of this Court, who is hereby appointed as the
Supervisory Authority for the said election.
ii. The Supervisory Authority shall be empowered
to issue such directions to the Electoral Officer
as may be necessary to ensure that the election
is conducted in a fair, transparent, and orderly
manner
iii. The calendar of events issued by the Electoral
Officer shall stand modified as under:
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Modified Calendar of events
a Filing of Nominations
Nominations: having already
been received,
no change is
required to be
made.
b Scrutiny of Scrutiny of
nominations: nominations was
required to be
carried out
between 11:00
a.m. to 3:00
p.m. on
17.11.2025,
which has
lapsed.
On instructions,
Sri.
K.N.Phanindra,
learned Senior
Counsel submits
that scrutiny
would be
conducted on
24.11.2025
between 11:00
am to 4:00 pm.
His submission
is accepted.
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c Announcing list List of
of valid candidates to be
candidates: announced at
5:00 pm on
17.11.2025,
which shall now
be announced
at 6:00 pm on
24.11.2025.
d Withdrawal of was to be made
candidature between
18.11.2025 to
19.11.2025
before 3:00 pm
on 19.11.2025,
the same now
shall stand
extended to
26.11.2025
before 3:00 pm
e Announcing list by 5:00 pm on of eligible 26.11.2025.
candidates
f Date of The elections
elections: shall be
conducted on
07.12.2025
from 11:00 am
to 7:00 pm,
followed by the
declaration of
results.
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iv. The foregoing calendar of events has been finalised today in the presence of all learned counsel, with their consent. The election shall be conducted in a fair, open, and transparent manner, without any disturbance. As cricket is known as a gentleman's game, it is expected that the election process shall likewise be carried out in a dignified and gentlemanly manner.
v. All stakeholders, including office-bearers, candidates, members, and staff of the KSCA, shall extend full cooperation to the Supervisory Authority and the Electoral Officer. No obstruction, interference, or attempt to influence the election process shall be tolerated. Any such act shall be viewed seriously.
vi. It is clarified that the election shall be conducted strictly in accordance with the existing bye-laws of the KSCA and in conformity with the directions of the Hon'ble Supreme Court governing the Association. Nothing contained in this order shall be construed as
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altering, modifying, or interpreting the governing provisions or the judgments of the Hon'ble Supreme Court.
vii. The Supervisory Authority shall be entitled to such honorarium and logistical assistance as may be fixed by this court, and the KSCA shall bear all expenses associated with the supervision of the election.
viii. Upon completion of the electoral process, the Electoral Officer shall file a concise report before this Court recording compliance with these directions and confirming that the election has been conducted in a free, fair, and transparent manner.
16. I, therefore, pass the following order:
ORDER
i. Writ petitions are allowed;
ii. Letter dated 17.11.2025 issued by respondent No.1-
Electoral Officer to respondent No.2-KSCA at
Annexure-A in W.P.No.34902/2025 is quashed;
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iii. Electoral Officer is directed to conduct the elections as per existing bye-laws of KSCA and complete the elections as per the following calendar of events without being influenced by any interpretation sought to be given to the bye-laws under the supervision of Shri Justice Subash B Adi;
17. In view of disposal of the petitions, intervening
applications in IA-1 to 4 of 2025 stand disposed.
18. Hand delivery ordered.
Sd/-
(SURAJ GOVINDARAJ) JUDGE
SMJ*
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