Karnataka High Court
Karnataka Chemists And vs State Of Karnataka on 9 April, 2018
Author: Vineet Kothari
Bench: Vineet Kothari
1/16
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Dated this the 9th day of April, 2018
Before
THE HON'BLE DR JUSTICE VINEET KOTHARI
Writ Petition Nos.5874-5875/2017 (GM-KSR)
C/W
Writ Petition Nos.5876-5877/2017 (GM-KSR)
Writ Petition Nos.5874-5875/2017
Between
Karnataka Chemists &
Druggists Association
A Society registered under the
Karnataka Societies Registration Act
3rd Floor, Lakshmi Complex
K.R. Road, Bangalore-560 002
Represented by its Secretary
Mr. A.K. Jeevan.
... Petitioner
(By Mr. Dhyan Chinnappa, Senior Counsel for
Mr. Ajay J.N. Advocate)
And
1. State of Karnataka
Represented by its Principal Secretary
Karnataka Government Secretariat
Room No.610, 3rd Gate, 6th Floor
M.S. Building, Dr. Ambedkar Veedhi
Bangalore-560 001.
2. Deputy Registrar of Co-Operative Societies
and Registrar of Registration
Date of Order 09-04-2018 W.P.Nos.5874-5875/2017
C/W W.P.Nos.5876-5877/2017
Karnataka Chemists & Druggists Association
Vs. State of Karnataka and others
2/16
2nd Zone, Bangalore City District
Office No.32, 2nd Floor, Karnataka
State Co-Operative Building
Bangalore-560001.
3. V. Harikrishna
Alleged President, major
Kasi Agencies 431/A, 432/34
3rd Floor, 1st Flock
Rajajinagar-560 010.
4. S. Manjunatha, major
Alleged Secretary in-charge
Seetharam Medicals
#353 Sahukar Channaih Road
Saraswatipuram, Mysore-570009.
5. B. Thirunavukkarasu
Thai Medicals, major
#96/A, Bhima Jyoti LIC Colony
Basaveshwarnagar-560 079.
6. Venkatesh
Deputy Registrar
Aged about major
2nd Zone, Bangalore City District
Office No.32, 2nd Floor, Karnataka
State Co-operative Building
Bangalore-560001.
... Respondents
(By Mr. Dildar Shiralli, HCGP for R1 & R2
Mr. R. Nataraj, Advocate for C/R3 & R4
Mr. Lokesh R, Advocate for C/R5
Mr. P. Prasanna Kumar, Advocate for R6)
****
These Writ Petitions are filed under Articles 226 and
227 of the Constitution of India, praying to issue a writ in
the nature of a certiorari or any other appropriate writ
thereby quashing the orders of the 2nd Respondent bearing
Date of Order 09-04-2018 W.P.Nos.5874-5875/2017
C/W W.P.Nos.5876-5877/2017
Karnataka Chemists & Druggists Association
Vs. State of Karnataka and others
3/16
Reference No.DRB-2/SR/04/2016/17, dated 30/12/2016,
produced as Annexure-A and subsequent order bearing
No.DRB-2/SR/04/2016/17 dated 01/01/2017 produced as
Annexure-B & etc.
Writ Petition Nos.5876-5877/2017
Between
Karnataka Chemists &
Druggists Association
A Society registered under the
Karnataka Societies Registration Act
3rd Floor, Lakshmi Complex
K.R. Road, Bangalore-560 002
Represented by its Secretary
Mr. A.K. Jeevan.
... Petitioner
(By Mr. Dhyan Chinnappa, Senior Counsel for
Mr. Ajay J.N. Advocate)
And
1. State of Karnataka
Represented by its Principal Secretary
(Department of Cooperation)
Karnataka Government Secretariat
Room No.610, 3rd Gate, 6th Floor
M.S. Building,
Dr. Ambedkar Veedhi
Bangalore-560 001.
2. Deputy Registrar of Co-Operative Societies
and Registrar of Registration
2nd Zone, Bangalore City District
Office No.32, 2nd Floor,
Karnataka
State Co-Operative Building
Bangalore-560001.
Date of Order 09-04-2018 W.P.Nos.5874-5875/2017
C/W W.P.Nos.5876-5877/2017
Karnataka Chemists & Druggists Association
Vs. State of Karnataka and others
4/16
3. V. Harikrishna
Kasi Agencies 431/A, 432/34
3rd Floor, 1st Flock
Rajajinagar-560 010.
4. S. Manjunatha
Seetharam Medicals
#353 Sahukar Channaih Road
Saraswatipuram,
Mysore-570009.
5. B. Thirunavukkarasu
Prop: Thai Medicals
#96/A, Bhima Jyoti LIC Colony
Basaveshwarnagar-560 079.
6. Venkatesh
Deputy Registrar
2nd Zone, Bangalore City District
Office No.32, 2nd Floor, Karnataka
State Co-operative Building
Bangalore-560001.
... Respondents
(By Mr. Dildar Shiralli, HCGP for R1 & R2
Mr. R. Nataraj, Advocate for C/R3 & R4
Mr. Lokesh R, Advocate for C/R5
Mr. P. Prasanna Kumar, Advocate for R6)
****
These Writ Petitions are filed under Articles 226 and
227 of the Constitution of India, praying to issue a writ in
the nature of a certiorari or any other appropriate writ
thereby quashing the orders of the 1st Respondent bearing
Ref No.CE 39 SasoNo. 106 dated 27/01/2017 vide
Annexure-A and an endorsement bearing Ref: DRB-
2/SR/04/2016-17 dated 30/01/2017 vide Annexure-B &
etc.
Date of Order 09-04-2018 W.P.Nos.5874-5875/2017
C/W W.P.Nos.5876-5877/2017
Karnataka Chemists & Druggists Association
Vs. State of Karnataka and others
5/16
These Writ Petitions coming on for Orders, this day,
the Court made the following:
ORDER
Mr. Dhyan Chinnappa, Senior Counsel for Mr. Ajay J.N. Advocate for Petitioner Mr. Dildar Shiralli, HCGP for R1 & R2 - State Mr. R. Nataraj, Advocate for C/R3 & R4 Mr. Lokesh R, Advocate for C/R5 Mr. P. Prasanna Kumar, Advocate for R6
1. These writ petitions have been filed by the Karnataka Chemists and Druggists Association, challenging the orders passed by the Deputy Registrar of Co-operative Societies and Registrar of Registration, Bangalore, Annexure A dated 30/12/2016 by which the said Authority had cancelled the election time table for the election of the Executive of the said petitioner - Association and the said Authority had earlier passed an interim order on 19/12/2016.
2. The connected writ petition Nos.5876- 877/2017 were filed by the same petitioner - Association in this Court on 07/02/2017 for quashing Date of Order 09-04-2018 W.P.Nos.5874-5875/2017 C/W W.P.Nos.5876-5877/2017 Karnataka Chemists & Druggists Association Vs. State of Karnataka and others 6/16 of the order dated 27/01/2017, Annexure A passed by the Respondent - State appointing the said Deputy Registrar of Co-operative Societies as the Administrator for the said petitioner - Association for a period of six months under Section 27-A of the Karnataka Societies Registration Act, 1960.
3. The said order dated 27/01/2017 also inter alia states that the said Administrator shall set right the deficiencies in the Association and conduct the election to the Managing Committee of the Association and further instructed to hand over the charge to the new Managing Committee.
4. After hearing both the sides, this Court had passed a detailed interim order on 06/03/2018 in both these writ petitions.
The said order dated 06/03/2018 is quoted below for ready reference:
Date of Order 09-04-2018 W.P.Nos.5874-5875/2017 C/W W.P.Nos.5876-5877/2017 Karnataka Chemists & Druggists Association Vs. State of Karnataka and others 7/16 " 1. The facts of these cases as narrated by the learned Senior counsel Mr.Dhyan Chinnappa for the petitioner are glaringly, reflecting badly on the conduct of the 2nd Respondent-Deputy Registrar of Co-operative Societies & Registrar of Registration, Bangalore, who apparently has passed the impugned order vide Annexure-A dated 30.12.2016 referring therein at Reference No.5 to a post date Representation dated 02.01.2017. Thus, apparently there is a contradiction and back dating of the impugned order itself.
2. The present writ petition is pending for the last more than a year and the notices were issued on 13.02.2017 in these writ petitions and the learned Govt.Advocate on behalf of Respondents 1 and 2 was directed to accept notice and copies were served on the learned Govt.Advocate, but the 2nd Respondent -
Deputy Registrar of Co-operative Societies has not cared to file his Statement of Objections in the matter so far, despite lapse of about one year thereafter.
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3. The learned Senior counsel for the petitioner has further submitted before the Court that with the stay order against elections of petitioner-Society by the Deputy Registrar on 19.12.2016 was vacated by himself on 30.12.2016 and accordingly, the election of the petitioner-Society was held on 04.01.2017. Thereafter, the petitioner-Society was served with the impugned order vide Annexure-A purported to be dated 30.12.2016 to the effect that the elections deserve to be again rescheduled, which was received by the petitioner only on 05.01.2017, whereas in fact they were already held on 04.01.2017. Thereafter, the Deputy Registrar is also said to have proceeded to inform the State Government to appoint an Administrator for the Petitioner-Society, in place of elected body.
4. It is also submitted that the private Respondents had filed an Original Civil Suit, which too came to be dismissed at threshold u/O 7 Rule 11 of CPC on 02.01.2017 and against the same, the R.F.A. was filed in this Date of Order 09-04-2018 W.P.Nos.5874-5875/2017 C/W W.P.Nos.5876-5877/2017 Karnataka Chemists & Druggists Association Vs. State of Karnataka and others 9/16 Court by the private Respondents. This Court in R.F.A. had allowed by the orders passed on 03.01.2017, the elections to go ahead and accordingly, the elections were held on 04.01.2017, but thereafter also, the District Registrar has apparently backdated the impugned order Annexure-A dated 30.12.2016 asking the Petitioner-Society to reschedule its elections and in the absence thereof, requested the Government to appoint an Administrator in place of an elected body.
5. This, prima-facie amounts to over-reaching and interfering with the judicial process by the 2nd Respondent-District Registrar and Registrar of Registration and may amount to civil contempt. The 2nd Respondent- District Registrar has maintained a deafening silence in the matter for the last one year before this Court and has not cared to file before the Court his Statement of Objections, replying to the averments made in the writ petitions, though he was served about a year back. This also reflects badly on the part of the Respondent-Government Authorities.
Date of Order 09-04-2018 W.P.Nos.5874-5875/2017 C/W W.P.Nos.5876-5877/2017 Karnataka Chemists & Druggists Association Vs. State of Karnataka and others 10/16
6. Therefore, the Prl.Secretary of the Department of Co-operatives/Respondent No.1 is directed to look into the matter and take suitable action against the 2nd Respondent and report back to this Court on the next date of hearing.
7. The 2nd Respondent is directed to remain personally present before this Court with his Statement of Objections filed through the Govt.Advocate and further deposit a sum of Rs.50,000/- from his personal resources with the Registrar General of this Court by way of Security Deposit to ensure the proper compliance of the directions of this Court in the matter, and also to show-cause as to why the said amount deposited by him be not awarded as exemplary costs in favour of the petitioner-Society or Advocates Benevolent Fund. He may further show-case as to why he should not be also proceeded against under the contempt law.
8. A copy of this order may be conveyed to the Prl. Secretary of Co-operative Department Date of Order 09-04-2018 W.P.Nos.5874-5875/2017 C/W W.P.Nos.5876-5877/2017 Karnataka Chemists & Druggists Association Vs. State of Karnataka and others 11/16 today itself by Fax and another copy may be given to the learned HCGP for ensuring the compliance before the next date of hearing. Put up the matter again on 14.03.2018."
5. Today, the said Deputy Registrar of Co- operative Societies, Mr. Shashidhar, S/o. Sri. Prabhuswamy has filed his Affidavit dated 09/04/2018 before this Court withdrawing the impugned order dated 30/12/2016. The copy of his order dated 05/04/2018 withdrawing the earlier orders dated 30/12/2016 and 07/01/2017 is placed on record. The said Deputy Registrar of Co-operative Societies has also recommended to the Principal Secretary of the Co- operation Department, Government of Karnataka that in view of the aforesaid order dated 05/04/2018, the earlier order dated 04/01/2017 appointing the said Authority as the Administrator has become infructuous and therefore, the order dated 27/01/2017 appointing him as an Administrator may be withdrawn.
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6. The learned Senior Counsel for the petitioner - Association, Mr. Dhyan Chinnappa has submitted before the Court that the election of the said Association has taken place on 04/01/2017 and the elected Committee is in place and therefore there is no justification for keeping an Administrator appointed for the said Association, in view of the order dated 05/04/2018 now placed on record of this Court by the Deputy Registrar of Co-operative Societies with the Memo filed in this Court today.
7. The learned counsel for the complainant - Respondent No.3 - Mr. V. Harikrishna, Mr. R. Nataraj submitted that the said Association is not duly registered and the regular Bye-laws are not in place and therefore, neither the elections could have held by the said Association nor the Administrator appointed by the State Government deserves to be withdrawn.
Date of Order 09-04-2018 W.P.Nos.5874-5875/2017 C/W W.P.Nos.5876-5877/2017 Karnataka Chemists & Druggists Association Vs. State of Karnataka and others 13/16
8. He has further submitted before the Court that there was an amendment of the Bye-laws of the petitioner - Association in the year 2001 and an Appeal No.381/2013 is pending before the Karnataka Appellate Tribunal in that regard.
9. In the interim order dated 06/03/2018 quoted above, this Court has already noted that the election of the said petitioner Association was held on 04/01/2017 in view of the order passed by the learned Single Judge of this Court in the Regular First Appeal date 03/01/2017 and this Court also expressed its doubt about the genuineness of the order Annexure A dated 30/12/2016 passed by the Deputy Registrar of Co-operative Societies, as being back dated as it referred to a subsequent representation of 02/01/2017.
10. In para.5 of the said interim order dated 06/03/2018, it was also expressed by this Court that Date of Order 09-04-2018 W.P.Nos.5874-5875/2017 C/W W.P.Nos.5876-5877/2017 Karnataka Chemists & Druggists Association Vs. State of Karnataka and others 14/16 the said Deputy Registrar is trying to overreach the process of this Court, which may amount to Civil Contempt committed by him and the Principal Secretary of the Government was directed to look into the matter and take suitable action against the said Deputy Registrar of Co-operative Societies.
11. The Respondent No.6 - Mr. Venkatesh, the then Deputy Registrar was also directed by this Court to deposit a sum of Rs.50,000/- from the personal resources of the said Deputy Registrar with the Registrar General of this Court by way of Security Deposit which is said to have been deposited.
12. The learned Government counsel also submits that since the impugned order dated 30/12/2016 now stands withdrawn by the said Deputy Registrar of Co- operative Societies and he has also recommended to the Principal Secretary to the State Government that the Date of Order 09-04-2018 W.P.Nos.5874-5875/2017 C/W W.P.Nos.5876-5877/2017 Karnataka Chemists & Druggists Association Vs. State of Karnataka and others 15/16 order appointing the Administrator may be withdrawn by the State Government.
13. This Court is of the opinion that nothing survives in these writ petitions at this stage, since the election of the said petitioner Association has already taken place on 04/01/2017 and elected body is working in the said petitioner Association, this Court does not find any justification for appointment of an Administrator by the State Government to set certain deficiencies right and also to hold elections, which already has been held and concluded. With the recommendation of the Deputy Registrar of Co-operative Societies to the Principal Secretary to withdraw the said order, this Court is not inclined to uphold the said order of Administrator in the present writ petitions and the same is liable to be set aside and is accordingly set aside.
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14. The present writ petitions are thus rendered infructuous and are disposed of as such.
15. The deposit of Rs.50,000/- made by the Respondent No.6- Mr. Venkatesh, who had passed the earlier impugned orders, may be transferred to the Advocates' Benevolent Fund by the Registrar General of this Court.
Sd/-
JUDGE BMV*