9911796707
|
Home
Issues:
Challenge to government order under Mysore Race Course Licensing Act, 1952 affecting club's managerial rights and appointment of Chief Executive Officer. Locus standi of petitioner as a member of the club. Analysis: The petitioner sought various reliefs through a writ petition challenging an order passed by the government under the Mysore Race Course Licensing Act, 1952. The order required prior approval for the appointment or removal of certain positions at the Bangalore Turf Club. The original order was later modified, removing the requirement for approval for the appointment of a Chief Executive Officer, which was the main grievance of the petitioner. Despite several contentions raised in the petition, a preliminary objection was raised by the State regarding the petitioner's locus standi. The State contended that the petitioner, being a member of the Bangalore Turf Club Ltd., lacked standing to challenge the order as the club itself was not aggrieved by it. The State argued that the impugned order only affected the managerial rights of the club, which did not impact the personal interests of the petitioner as a member. The State relied on a Supreme Court decision in Daman Singh v. State of Punjab to support the argument that a member of a society loses individuality concerning the society and must act through the society. The petitioner, represented by senior counsel, argued that as a member of the club, he had a right to ensure the club's managerial powers were not affected, even if the club did not challenge the order. However, the court held that the petitioner's personal interest in the club was not affected by the order, which only impacted the club's authority to appoint the secretary with government approval. Since the club was not aggrieved by the order, the court concluded that the petitioner lacked the necessary standing to maintain the writ petition. As a result of the lack of locus standi, the court upheld the State's preliminary objection and dismissed the writ petition without delving into the other contentions raised. The judgment emphasized that a member of the club must act through the club, and individual rights are subject to the statutes and bye-laws of the club, thereby limiting the petitioner's ability to challenge the government order under the Mysore Race Course Licensing Act, 1952.
|
