ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. In the above captioned two writ petitions, the petitioners have challenged the first special general body meeting notice dated 30.04.2026 issued by the respondent-Club convening the Special General Body Meeting of the Club on 10.05.2026 in the club premises.
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2. Learned Counsel for the petitioners submit that the impugned special general body meeting notice has been issued in contravention of the undertaking given by the office bearers of the respondent-Club in O.S.No.6688/2024 which is pending before the jurisdictional Civil Court at Bengaluru, and therefore, the same is bad in law. They also submit that the meeting notice has been issued in violation of the bye-laws of the club with an ulterior motive.
3. The respondent-Club is not a 'State' or an 'Instrumentality of the State' as defined under Article 12 of the Constitution of India. Under the circumstances, the action of the respondent-Club which is a private entity cannot be questioned in a writ petition. It appears that the parties are already before the jurisdictional Civil Court in O.S.No.6688/2024. Under the circumstances, if the petitioners are aggrieved by the impugned special general body meeting notice, it is for them to question the same in the said suit or by initiating appropriate proceedings before the proper forum. Since the writ petition filed against the impugned general body meeting notice is not maintainable, petitioners are not entitled
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for the reliefs sought in the writ petition. Accordingly, petitions are dismissed.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KK