IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5497 of 2009 GANGA PRASAD, S/O LATE RAM KISHUN PRASAD, PURANI GODOWN LANE, DHAMITOLA, GAYA, P.S. GAYA KOTWALI, DISTRICT-GAYA, AN ASSOCIATE MEMBER GAYA CLUB, GAYA. -PETITIONER Versus 1. THE STATE OF BIHAR (THROUGH DISTRICT MAGISTRATE, GAYA-CUM-PRESIDENT, GAYA CLUB, GAYA). 2. THE DISTRICT MAGISTRATE, GAYA CUM PRESIDENT GAYA CLUB, GAYA. 3. DR. CHITTRANJAN SINHA, VICE PRESIDENT GAYA CLUB, JAGJIWAN ROAD, GAYA. 4. SHRI KRISHNA PD. BHADANI, VICE PRESIDENT GAYA CLUB, GAYA, JAGJIWAN ROAD, GAYA. 5. SHRI SURENDRA DEO NARAYAN SINGH, HONORARY SECRETARY, GAYA CLUB, JAGJIWAN ROAD, GAYA. -RESPONDENTS 2 04.05.2009 This application is filed for issuance of writ to quash Section 14 (G) and (H) of the Rules and Bye-Laws of Gaya Club as the same is violative of Article 14 of the Constitution of India. Petitioner wanted to become a member of the Club. As per Bye-Laws affirmative votes and negative votes have to be counted and negative votes have to be deducted. The petitioner’s case is that the Bye-laws is violative of Article 14 of the Constitution. It shows that negative votes to be deducted, the petitioner could not get the membership. 2 The petitioner got 54 affirmative votes and 27 negative votes. It is the case of the petitioner that since he got 54 affirmative votes he should be declared as a permanent member of the Club. There are three types of votes. One is affirmative vote, one is negative vote and third is abstention from voting. The Club in its wisdom decided that negative votes should be deducted so that qualities of non-objectionable members are admitted to the Club. Such a decision of the Club cannot be quashed in a proceeding under Article 226 of the Constitution of India. Merely because the Mahraja allotted the land and the concerned District Magistrate is ex-officio President of the Club on the basis of the constitution and Bye-Laws of the Club the will not become ‘State’ within the meaning of Article 12 of the Constitution of India. Therefore, the petition is not maintainable. It is, accordingly, dismissed. (J.B. Koshy, CJ.) (Dr. Ravi Ranjan, J.) AAhmad 3