Karnataka High Court
Karnataka Electro Homeopathy Research ... vs The State Of Karnataka on 21 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 107126 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 21ST DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107126 OF 2025 (GM-RES)
BETWEEN:
1. KARNATAKA ELECTRO HOMEOPATHY RESEARCH
AND DEVELOPMENT ASSOCIATION (R)
MR. LAYOUT, GADANGADA KERI,
NEAR SADIA SCHOOL,
SHIRALAKOPPA,
SHIVAMOGGA 577428,
REP. BY ITS PRESIDENT,
MR. EHTESHAM U1 HAQ,PRESIDENT,
MR. RAVI HUDED, JOINT SECRETARY,
REGD. UNDER KARNATAKA SOCIETIES,
REGISTRATION ACT, 1960.
2. J. MAHESH S/O. RAMANNA GOUD
AGE: 37 YEARS,
OCC. ELECTRO HOMEOPATHY PRACTITIONER,
R/O. SRI. BASAVESHWARA NILAYA,
SATHYAVANI NAGAR,
BELLARY-583104.
Digitally signed by
VISHAL NINGAPPA
PATTIHAL 3. T. VIRUPAKSHA S/O. T. VENKATARAMANA
Location: High AGE: 40 YEARS,
Court of Karnataka,
Dharwad Bench, OCC: ELECTRO HOMEOPATHY PRACTITIONER,
Dharwad R/O. K VEERAPURA,
HAGARIBOMMANAHALLI,
DIST: BELLARY-583111.
4. K. RAMKUMAR S/O. KAMSALI ERANNA
AGE: 41 YEARS,
OCC: ELECTRO HOMEOPATHY PRACTITIONER,
R/O: NIDUGURTHI, SANDUR,
DIST: BELLARY 583124.
...PETITIONERS
(BY MISS. VAIBHAVI INAMDAR, ADVOCATE FOR
SRI. DINESH KULKARNI, ADVOCATE)
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AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
VIKASA SOUDHA,
BENGALURU 560001.
2. COMMISSIONERATE OF HEALTH AND
FAMILY WELFARE SERVICES AROGYA SOUDHA
1ST MAIN ROAD,
MAGADI ROAD,
BENGALURUL 560023,
REP. BY ITS COMMISSIONER/DIRECTOR
3. THE DEPUTY COMMISSIONER AND PRESIDENT
K. P. M. E. ACT,
D. C. COMPOUND,
BELAGAVI 590001
4. THE SECRETARY AND DISTRICT HEALTH OFFICER
OFFICE OF HEALTH AND FAMILY WELFARE
DISTRICT K.P.M.E ACT REGISTRATION AND
GRIEVANCES AUTHORITY,
BELLARY 583101.
...RESPONDENTS
(BY SRI.T.HANUMAREDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO:
A) TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING
PROCEEDINGS OF THE COMMITTEE OF RESPONDENT NO. 3
DTD. 29.08.2025 VIDE ANNEXURE-P AND NOTICE BEARING
NO. K.P.M.E-27/2025-26 DTD. 11.09.2025 ISSUED BY THE
4TH RESPONDENT VIDE ANNEXURE- Q, Q1 AND Q2 AS NULL
AND VOID AND PASS APPROPRIATE ORDERS.
B) TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS NOT TO INTERFERE WITH THE PETITIONER
PRACTICE OF ELECTRO HOMEOPATHY.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the
following reliefs:
"A) To issue a Writ in the nature of Certiorari quashing
proceedings of the committee of Respondent No.3
dtd: 29.08.2025 vide Annexure-P and Notice
bearing No. K.P.M.E-27/2025-26 dtd. 11.09.2025
issued by the 4th Respondent vide Annexure- Q,
Q1 and Q2 as null and void and pass appropriate
orders.
B) To issue Writ in the nature of Mandamus directing
the Respondents not to interfere with the Petitioner'
practice of Electro Homeopathy.
C) To issue any other Writ/ direction which this
Hon'ble Court deems fit under the fact and
circumstances of the case in the interest of justice
and equity."
2. Heard Miss Vaibhavi Inamdar for Shri Dinesh
Kulkarni, Learned counsel appearing for the petitioners;
Shri T.Hanumareddy, learned AGA appearing for respondent
Nos.1 to 4.
3. The petitioners, an Association of Karnataka Electro
Homeopathy Research and Development are before this Court
along with other Electro Homeopathy Practitioners calling in
question the action of the State in seizing the equipments at the
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time when the petitioners' association and its members were
conducting workshop.
4. Learned counsel for the petitioners submits that
notwithstanding the petitioners being entitled and qualified to
conduct such workshop, the seizure happens and not stopping at
that, cost of ₹1,00,000/- is also imposed upon the petitioners
apart from directing criminal proceedings to be initiated against
them.
5. Learned counsel Miss Vaibhavi Inamdar, taking this
Court through the documents appended to the petition, seeks to
demonstrate the qualification of these petitioners as also the
factum that they were entitled to hold the workshops as they
were holding every time. She would further take this Court
through an order passed by this Court in Writ Petition
No.101276 of 2025, disposed on 19.02.2025, wherein this
Court following the order passed by the Co-ordinate Bench has
held as follows:
"1. Learned counsel appearing for the parties in
unison would submit that, the issue in the lis stands
answered by the Coordinate Bench of this Court in W.P.
No.15771/2024, disposed of on 8th August 2024. The
Coordinate Bench has held as follows:
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"The petitioner, an Association registered under
the Karnataka Societies Registration Act, 1960, is
dedicated to educating its members on imparting
medical knowledge, conducting awareness programs
regarding the Electro Homeopathy system of medicine,
and providing free therapy to the needy. The petitioner
has approached this Honorable Court seeking the
following reliefs:
A) To declare that the Karnataka Private Medical
Establishment Act, along with the rules framed
thereunder, is not applicable to the members of
the petitioner Association who hold certificates in
Electro Homeopathy, allowing them to practice,
develop, and conduct research in the field of
Electro Homeopathy, given that no statute or rule
currently imposes a ban on such activities.
B) To issue a direction or a Writ of Mandamus
against respondents No. 2 to 4, or the concerned
respondent authorities, restraining them from
interfering with the petitioner's members in their
efforts to practice, develop, and conduct research
in Electro Homeopathy within the State, until
appropriate rules are framed by the competent
authority, in the interest of justice and equity.
C) To permit the members of the petitioner
Association to practice, develop, and conduct
research in Electro Homeopathy within the State,
strictly in accordance with the parameters issued
by respondent No.1, the Central Government,
until such time as rules are framed by the
competent authority, in the interest of justice and
equity.
2. The Court has heard the learned counsel for
the parties.
3. The Supreme Court, while addressing
similar issues concerning the practice of Electro
Homeopathy, has ruled that no institution is
authorized to confer a degree or diploma in Electro
Homeopathy without statutory authorization.
However, individuals are permitted to practice
Electro Homeopathy as an alternative therapy,
provided they do so without claiming the
conferment of any degree or diploma without the
necessary statutory backing.
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4. It is therefore imperative to state that the
members of the petitioner Association are
permitted to practice Electro Homeopathy without
claiming the conferment of any degree or diploma
without the necessary statutory backing."
2. In the light of the issue standing
covered by the judgment passed by the Coordinate
Bench of this Court (supra), on all its fours and on
the same reasons, the subject petition also stands
disposed."
(Emphasis supplied)
6. Despite the passage of the order, it transpires that
the said order was not implemented and the contempt Court had
directed implementation of the said order by the following order:
"Learned Government Advocate raises a
preliminary objection regarding the maintainability of the
contempt petition, while contending that the petitioner
was not a party to the proceedings before the learned
Single Judge in W.P. No. 101276/2022. It is also
submitted that respondents No.3 and 4 were also not
party to the proceedings in W.P. No. 101276/2022.
2. Learned counsel for the petitioner however
submits that the petitioner before the learned Single
Judge was the Karnataka Board of Electro-Homeopathy
Recognisation Research and Development Association,
and the directions issued by the learned Single Judge
would apply to each and every member of the
association, having regard to direction issued by the
Hon'ble Supreme Court which has been culled out in the
order passed by the learned Single Judge.
3. We see from paragraph Nos.3 and 4 of the
orders passed by the Apex Court that the members of the
association are permitted to practice Electro Homeopathy
without claiming the conferment of any degree of
diploma, without the necessary backing. When that is the
clear direction issued by the Apex Court, action of the
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respondents No.3 and 4 would be contrary to the
directions issued by the Apex Court and the directions
issued by the learned Single Judge.
4. Having regard to the fact that respondents
No.3 & 4 have already taken note of the directions issued
by the learned Single Judge and have desisted from
taking further action against the petitioner, nothing
further would survive for consideration in this contempt
petition.
5. Further, in order to ensure that the
directions issued by the learned Single Judge, in
fact seeking to implement the directions issued by
the Hon'ble Supreme Court, which would be
applicable throughout the Country, the second
respondent-Commissioner, Health and Family
Welfare Services and the Principal Secretary,
Department of Health and Family Welfare are
directed to issue necessary orders/ circulars /
bringing to the notice of all the District Health
and Family Welfare Officers and the Taluka Health
Officers in the State, the directions issued by the
Hon'ble Supreme Court and ensure that the
members of the Karnataka Board of Electro-
Homeopathy Recognisation Research and
Development Association are not disturbed from
practicing Electro-Homeopathy System of Medicine
as directed by the Hon'ble Supreme Court.
The contempt petition is accordingly disposed of."
(Emphasis supplied)
7. The Division Bench answering the contempt petition
also notices the orders passed by the Apex Court on the issue. It
is not only the aforesaid orders, the issue stands covered by
plethora of orders rendered by the different High Courts from
time to time or Co-ordinate Benches of this Court.
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8. In that light, the petition deserves to succeed with an
order of quashment of the proceedings with a direction to refund
of ₹1,00,000/- costs that is imposed upon these petitioners.
9. For the aforesaid reason, the following:
ORDER
(i) The petition is allowed;
(ii) The proceedings of the Committee of respondent
No.3, dated 29.08.2025 vide Annexure-P and
notice bearing No.K.P.M.E.-27/ 2025-26 dated
11.09.2025 issued by respondent No.4 vide
Annexures-Q, Q1 and Q2 stand quashed.
(iii) Mandamus issues to the respondents not to
interfere with the practice of these petitioners
unless situation warrants, the amount of
₹1,00,000/- that is collected pursuant to the
passage of the impugned order as fine from
these petitioners shall be refunded within four
weeks from the date of receipt of the copy of the
order. In the event the refund does not take
place within four weeks from the date of receipt
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of a copy of this order, cost of ₹50,000/- towards
the litigation shall be paid by the State to the
petitioners.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
VNP / CT: ANB
