Sri.B.Ningegowda vs Assistant Commissioner on 26 October, 2010

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Karnataka High Court

Sri.B.Ningegowda vs Assistant Commissioner on 26 October, 2010

Bench: S.N.Satyanarayana

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 26TH DAY OF OCTOBER 2010. Q _

BEFORE

THE HONBLE MRJUSTICE S.N.,SATYA;JAIo§$zIaNA    

WRIT PETITION NO.3I0IIj.goQ-g{(jM;;;sRj'-  

BEYIWEEN:

BMNGEOOWDA
AGED 68 YEARS :  
S/O LATE BORE GOWDA,  ;
R/AT KERALAPURA '  9 
ARAKALGUD TALUK   _  '
HASSAN DISTRICT.    I 
5  " ""'"i.,PE'I'ITIONER

(SR1     

AND:   _  _ _

1. ASSISTANT
SAKLESHPURA SUB._DI.\{i'iSION

SAKLESHPURA' .  I
 DISTRICT/ADMINISTRATOR

 "  ' SR1;'vI.DYAOANAPA"TH1 EDUCATION SOCIE'IY(R)

' KERA1¢'~'jE'URA. HASSAN

  "I_{_ASSf&N_ IDTSTRICT.

2. 
RETURNING OFFICER _
SR1 VIDIYAGANAPATHI EDUCATION SOCIETY (R)

= *  n1H:I:RA1;APURA, HASSAN
 .IIASSAN DISTRICT.

   5.K.ANNEGOWDA
  "AGE 60 YEARS



S/0 LATE KALEGOWDA

R/AT BOODANOOR, KERALAPURA POST
 GUD TQ.,

HASSAN DIST.,

. KARIGOWDA

AGE 39

S/O SREEKANTE GOWDA I . 
R/AT BOODANOOR, KERALAPURA POST 11 '
ARAKALAGUD "pg,   '
HASSAN DIST,

. LOKESH.K.M

. K.T.MoHAN   

AGE 39 YEARS

S/O MUDDANNA  ._   
R/AT BOODANOOR, KERALARUVRA 905$  _
ARAKALAGUD TQ., ' V. V  
HASSAN DIsT.,_f 

AGE 65  _ 
S/O D..THIMMAIAH.._ '. '

R/AT:,BOOD2';P§IOOR,  POST
    ' -
HASSAMVVDIST.'  * * 

. C.SRINGA1§I~(}_OVJ.i3AA"v_ A '

 GLYEARS G

.  4. s/vo"c21eLA1;L.U\rEG0vvDA
 . 'R,1A"3BQGDAN0oR, KERALAPURA POST
  
~1~IA$«sAN"_i,31s*3§;',"

. S'i.'}'{I'E*--. C§F' KARNATAKA

REPRESENTED BY ITS SECRETARY

 'REVENUE DEPARTMENT
« '_ .MU'L'1'I STOREYED BUILDING
" .A1VIBEDKAR VEEDHI

  BANGALORE -~560001.

. . RESPOND ENTS

'Wk



{SR1 DEVI PRASAD SHETTY AND ABHINAY P. PATIL, AD-VS..
FOR M/S JAYAKUMAR S.PATIL ASSTS. ADVS. FOR R3--7-- 

SR1 R.B.SATYANARAYANA SINGH, HCGP FOR R1,  

THIS WRIT PETITION FILED UNDER ART1Oi;Es.,'_~2.2e 
AND 227 OF' THE CONSTITUTION OF INDIA PRAYING  '
DECLARE THAT THE CALENDAR OF EVENTs~--is.SUED: BY f
THE R2 ns ORDER DTD.o7.1o,o9" "IN 'NO_tELECTION 
55/2009-10, PRODUCED As PER

AND QUASH THE SAME AND ETC..

'I'H1S PETITON COM1NG*.._iON EOR 

HEARING IN 'B' GROUP THIS DAY}~.THE OOERT MADE THE
FOLLOWING:  _  _   

toi2_r__~,~_Q  D ,

Before ﬂ1§.:s'a¥g"':ﬁéht3O::  DCounsel for
petitioner stifbiriitteg:_.:f11aOt_:   ﬁling this writ
petition   Commissioner and
Tahsiidaiijas-_  Thereafter, respondents 3

to 7 got themselves' iriipieastiedﬁby ﬁling application to come on rpeeord. as additional respondents. The petitioner's cotinsel _t2vOu1:d'«.._further submit that before taking up this ﬁia_tte_rOfor:'consideration the State Government should be V is _ made-as party to this proceedings. Therefore, he may permitted to amend the cause title to include the State A.OGoVern'Oment as 8"" respondent to this writ petition. The oral reqoest made by the Counsel is allowed and the petitioner's W. counsel is directed to amend the cause title in the course of the day. The learned Government Sri.R.B.Satyanarayana Singh is directed to take _ State Government along with respondents I it he is already appearing as counsel onhrecorrl}? ll

2. The petitioner herein events issued by 2"" respondent""on_:'--7I1Q.2(l(l9-inelection No.55 / 200920 10 vide election to Sri Vidya Ganap;xthy_ a society in existence from for:.'V_con:seVo.1iential relief of direction_.to~respondents enroll new members to the sai(:1iiv.AsocietyV.v hold General Body Meeting pursuant to th.ver,lire.cti.o'i_;~s issued by this Court in _.._W.P.l\Io:.lé§365/2OVO8,.Vconfirmed in W.A.No.559/2009 and for other reliefs, --,V ~.

3. 'facts leading to this petition are as under':-

A. 4Sri"\l'idyaganapathi Education Society (R) has come is'j_.int.o'"e:€istence in the year 1962 initially with 25 members.

"Thereafter, the membership went up to 90. The said society W1 is running a High School in neighbour viilage Arakalgud. However, in conducting business of the managing comrhitteeg and also in running the educational institutional there certain differences between the members, wh.iei'1~res.ul'ted«.in _ it one of the member ﬁling W.P.26071 /':1997.,lwn£e1§ ;:eee1tedapl_iet T this Court issuing a direction-.___ to the' GOV%fi1iIl€nt for"

appointment of an Adrriinistraton to 'society. Subsequently. on an Gtovernment.

the enquiry  stating
that in Keralapur  in the society,
which are    ever the control and

manage1_nelnltl_'of coordination between them it vlvilllliave' the functioning of the school and also the a"edVuca.ti'on'rendered by it. Therefore, the said mg his repor't'""recommended for taking over the the said society by Government as opined by the village and also elected representatives of lxsaid village. V Subsequently, when the management of said A ":soeiety_. was stiii under the Administrator, on 1.12.2007 the .___"""Ad:r:ninistrator pursuant to the oral legal opinion of the ""1 learned 'Government Advocate rendered over telephone, handed over management of society to 4. "one Sri.B.K.Annegowda, President of erstwhile _ committee on the same day. It is also necessary' v--t.o'~mé:r1tion ii at this juncture that as on that petition, which was pending on-..'_the li1e"'of W.P.No.13056/2007 filed bylvlliawsaigl 2 r3.1r{.Annegowda. Subsequently, the GoveVrAn._i'itent--'_l: Adizoc.ate;"«who earlier given opinion to charge to S1i.B.K.Annegovi{ida':.ia.r'id as Government Advocate in Vstibrriitted to this Court that the r3e'tit_ior1 become iritructuous.

4. Thisohcourt-__b'y_ sreeording the said submission of 5(:{ozrernrIieiit.._Advocate disposed of the said writ dated 4.12.2007, which was challenged by'p.eititiorierV'ij}fief'ein in W.P.No.8365 / 2008. The said writ was '.vdispo4sed"of following order:

3 = 'Tia; Writ petition is allowed.

(b) The impugned order is hereby quashed. 'W1

(c) The administrator shall forthwith take over the managernent of the society and thereafter repor_t't.o the Government to pass appropriate ord_ers'~4.as"'-« contemplated under sub--section (5) of * of the Act.

(d}Ai1 actions taken by the sigtth J other person claiming under a1l"i_1legal;. it K

(e) Canara Bank and t1'1'e._v.I3eputy*Director Instructions who were earlier V' operatihg' the bank account shall coni:inue_«'to oper ate the bankllaccount henceforth till the _._'Govei'n;rnent'grriakes alternate arrangement." " V V l l H l

5. It is jalusof Qmentionllat this juncture that portion of lord_.er'i.ie., .clause_'d'H§§as passed by this court for the reason' that.subjseque"r1«t to taking over of management of society on'4"},,:V12.20()A7 .S'§ri.B.K.Annegowda had inducted ."son1e~---- of his "fol1owers""as members to the society between 33.2.2009. Therefore, this Court while disp-asingV.of'ﬁr'.'i5.No.8365/2008 passed the order at clause . ""..(d)" to ntlllify the decision taken by the managing committee interregnum period from 1.12.2007 to 9.2.2009. said order was impugned by Sri.Anrregowda in W W.A.No.559/2009 and 569-5'73/2009. The said appeal came to be dismissed by order dated 3.3.2009. It is fact that this court while disposing of _ had directed the Adrninistrator to takeover the"i11or1~ageri1ent it of society and the said Administrator after_fdisposa1- 4o'f':w_rit.;i .l appeal conducted election to the managing oom:nittce_ of society with the list of n1embers"~i:x§:2"ide The members as it stood on role onv'A2~iivv.3.2O08 vide Annexure-Q includes o"r'iTgin%;l.'inembers who are some of of society when it came into existence. "rnernbers who were appointed llll ~ as President of the rna11agi11$-.,{.pr;iI31;I1ittpe:el interregnum period from 1.12.20-O7 to a'9.'2_.:V.2OO'9.A'*.Therefore, the present writ petition 'l V' is l:byjt:t1e'i-petitioneffor the aforesaid relief. Counsei for petitioner and respondents. 'The couriusiel for petitioner reiterates the chronological events V' fasllpnarrated earlier and would submit that in view of the fact ' the list of members as stated in Annexure~»Q numbering to 25 includes the members who are supports of N1 B.K.Annegowda and who are inducted into the society as members during the interregnum period i.e., 1.1.2.2_()()V7._lto,_ 9.2.2009 are not the legitimate members of society _ of the order passed by this court it Therefore, the Administrator while condu,ctinig llelecitionloiigllit. , .l to have conducted election excluding those members, vvihovt are inducted by B.K.Annegovvda« aforesaid irzterregnum period. . "pendencyﬂ of this writ petition and by_virt1ieAAof_t_h--e by this court, electionﬂis. however, result is a sealed cover and submittiarig tol_Athis_.. . y l '

7. I is appearing for respondents _ would thnatthe strength of society is reduced to below the'~m1nimt§1n:riumber of members required to conduct the eiection electing office bearers to the managing V _ comm-itte»e'.' "Further, it is only the managing committee, W H u yylticii has 'a right to induct new members to the society and it . it~_is- not open for the Government to nominate members under the Karnataka Societies Registration Act. Therefore, we

-10..

the members who are inducted by erstwhile President Sri.Annegowda during the interregnum period 1.12.2007 to 9.2.2009 are the legitimate members therefore the election conducted to the managing» V' "

with the said members is just and prosper,-..Sii€1cegthe'*e1e'et'ion..,.g is conducted in a proper mar1ner- by result which is withheld in sea1edv0'0'c.oVer declared and the elected member.s""p«.be "to continue as members of the managing corainittee 0

8. This .c'o{1:t _ar::.xious consideration to the argtiments i.add1'e_sse*d._ by -..t11eV'counsHe1.§' for petitioner and as well as V7res'ponder~'ts_"lldltisthat the election which is conducted _1u\dI1iinist:1*atora'permitting the members referred _._to in,ﬁ_i.i1t1€X11reeQ" illegal and bad in law, for the reason by its order dated 9.2.2009 has already declared acts that are done by the managing V . connnitteeviheaded by Sri.AnnegoWda during the iriterregnum rrdni 1.12.2007 to 9.2.2009 are illegal and the said is conﬁrmed by the Division Bench of this Court by its order dated 3.3.2009. With this, the enrolment of members M -13- by Sri.Annegowda during the aforesaid interregnum period having been held to be bad, the said members participate in the election conducted by the AdrI1ini_strator--- 28.10.2009 and the votes that are casted by 0' and the same cannot be taken into:-..coinsiideration'-..for.i_.0 declaring the result of said elections

9. Further, as conceded and respondents that it it by B.K.Annegowda the period are eschewed, not form sufficient quorum 'l'hepefore, the entire election which iildsitlniinistrator is to be struck down as the0'san1eVcannvot«.b0e given effect to in view of the iﬁeiich conﬁrrnirvig the order passed by the learned V.ﬂS'ii1gV{'I'e=;in:"W.P.No.8365/2008 annulling the enrolment of rneiribers the erstwhile President of the managing 'committee, .'$ri.B.K.Manjunath during the aforesaid A .. interre gnum period. While striking down the said election the result which is kept in sealed cover before this Court 0' Court would direct the Government to pass appropriate °"'i -13- orders empowering the Administrator to induct new members to the committee in such a manner as provided' under the Karnataka Societies Registration Act__§'_énd Rules framed thereunder and thereafter, to=hold».eieetior1«to ii the society afresh. The said processiaashall,he"'eoinpleted'v..h$ri.,,1, the Government within three months froinV_'today.,*'h' i

10. With the above" directions, the writ petition is allowed. by the Administrator on the result, which is kept giiri tonbe invalid.

Sd/* Judge

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