ROTARY CLUB BIRLA NAGAR Vs. ROTARY INTERNATIONAL

JUDGEMENT

(1.) By invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner Rotary Club, Birla Nagar through its President Rajkumar Tamotiya and petitioner No.2 Deependra Kumar Tamotia have prayed for the following reliefs:-

(2.) When this matter was taken up, a preliminary objection was taken by the other side contending that this writ petition is not maintainable against Annexure P-1. Thus, with the consent, the parties were heard only on the question of maintainability of the petition.

(3.) Shri V.K.Bharadwaj, learned senior counsel assisted by Shri M.P.Mangal submits that the respondent-Rotary International is amenable to the writ jurisdiction of this Court under Article 12 of the Constitution. It is "State" within the meaning of Article 12 and if it is not State, it must be treated as "other authority" within the meaning of Article 12 of the Constitution. To elaborate this submission, the learned senior counsel for the petitioner submits that the Rotary International, South Asia Office is registered under Section 25 of the Companies Act. The aim, object and nature of activity of the Rotary Club is for common welfare of the people.