Karnataka High Court
Canara Bank Sc/St Employees And Ors vs The State Of Karnataka And Ors on 15 July, 2024
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WP No. 201800 of 2023
C/W WP No. 200471 of 2022
WP No. 200180 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE R.NATARAJ
WRIT PETITION NO.201800 OF 2023 (GM-RES)
C/W
WRIT PETITION NO. 200471 OF 2022
WRIT PETITION NO. 200180 OF 2023
IN W. P. NO.201800 OF 2023
BETWEEN:
1. CANARA BANK SC/ST EMPLOYEES
WELFARE ASSOCIATION (REGD)
BENGALURU HAVING ITS CENTRAL OFFICE,
AT JAI BHEEM BHAVAN,
NO. 16, 2ND FLOOR, J. C. ROAD,
1ST CROSS, NEW MISSION ROAD,
Digitally signed BANGALURU-560027.
by RENUKA
REPRESENTED BY S. TANGARAJU S/O V. SUBBU,
Location: High
Court Of AGE ABOUT 61 YEARS, OCC: THE PRESEDENT
Karnataka CANARA BANK SC/ST EMPLOYEES
WELFARE ASSOCIATION (REGD)
RESIDING AT RAASI NO. 35/A,
KEMNET HOSPITAL ROAD,
ELLISUR, MADHURAI-625010.
2. RASANANADA MUNDA
S/O K. C. MUNDA,
AGED ABOUT 53 YEARS,
VICE PRESIDENT CANARA BANK
SC/ST EMPLOYEES WELFARE ASSOCIATION (REGD)
RESIDING AT FLAT NO. 34,
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WP No. 201800 of 2023
C/W WP No. 200471 of 2022
WP No. 200180 of 2023
PARK TOWER, UNIT 6,
GANGANAGAR, BHUVANESHWARA-751003.
3. A. SHIVAJI S/O P. AYYA IRAM,
AGED ABOUT 61 YEARS,
OCC: PENSIONER / GEN SECRETARY OF,
CANARA BANK SC/ST EMPLOYEES
WELFARE ASSOCIATION (REGD.)
R/O NO. 9/3, VINAYAGAR KOIAL STREET,
SHAKTI NAGAR, ARUMBAKKAM
CHENNAI-600106.
4. DHANRAJ KHANDARI
AGE ABOUT 53 YEARS
OCC: BRANCH MANAGER,
CANARA BANK RAM MANDIR BRANCH,
KALABURAGI-585102
(CENTRAL COMMITTEE MEMBER OF PETITIONERS
ASSOCIATION)
...PETITIONERS
(BY SRI. K. M. GHATE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
UNDER SECRETARY NO. 3,
DEPARTMENT OF CO-OPERATIVE
M. S. BUILDING, AMBEDKAR VEEDHI,
BENGALURU.
2. THE STATE OF KARNATAKA
REPRESENTED BY DEPUTY REGISTRAR
OF SOCIETIES (CO-OPERATIVE SOCIETIES)
RANGE-II, BENGALURU,
DISTRICT NO. 146,
SAHAKARA SOUDHA, 2ND FLOOR, 8TH CROSS,
3RD MAIN ROAD, BENGALURU-560003.
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C/W WP No. 200471 of 2022
WP No. 200180 of 2023
3. K. KUMAR
AGE: 59 YEARS, OCC: BANK EMPLOYEE,
R/O HOUSE NO. 19, MADHU VAIBHAVA
FLAT NO. 401, 4TH CROSS, 29TH MAIN,
BTM LAYOUT, 2ND STAGE , BENGALURU-560048
4. VIRENDRA PRASAD
SENIOR MANAGER,
CANARA BANK EXHIBITION ROAD
BRANCH LAVKUSH TOWER,
EXHIBITION ROAD PATNA, BIHAR-800001,
ALLEGED GENERAL SECRETARY
OF CANARA BANK SC/ST EMPLOYEES
WELFARE ASSOCIATION (REGD),
CENTRAL OFFICE, (JAIBHEEM BHAVAN)
NO. 16, 2ND FLOOR, J. C. ROAD, BENGALURU.
...RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, ADDITIONAL GOVERNMENT
ADVOCATE FOR RESPONDENT NOS.1 AND 2;
SRI. RAMAPPA, ADVOCATE FOR RESPONDENT NOS.3 AND 4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI, DIRECTION/ORDER QUASHING THE NOTICE
ISSUED BY RESPONDENT NO.4 ON DATED 21.06.2023
CALLING UPON TO HOLD CENTRAL COMMITTEE MEETING ON
DATED 08.07.2023 AT VIJAYWADA VIDE ANNEXURE-A TO THE
WRIT PETITION. B) IN VIEW OF THE FACTS AND
CIRCUMSTANCES AND BY QUASHING THE ILLEGAL NOTICE OF
CENTRAL COMMITTEE MEETING TO BE HELD ON 08.07.2023 AT
VIJAYWADA, IS WITHOUT AUTHORITY OF LAW AND
PRODEDURE AND ACCORDINGLY THE COST OF THE PRESENT
WRIT PETITION MAY BE ALLOWED AS AGAINST THE
RESPONDENT NO.2 TO 4, TO MEET THE ENDS OF JUSTICE AND
EQUITY.
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WP No. 201800 of 2023
C/W WP No. 200471 of 2022
WP No. 200180 of 2023
IN W. P. NO. 200471 OF 2022
BETWEEN:
1. CANARA BANK SC/ST EMPLOYEES
WELFARE ASSOCIATION (REGD)
BENGALURU HAVING ITS
CENTRAL OFFICE, AT JAI BHEEM BHAVAN,
NO.16, 2ND FLOOR, J.C.ROAD,
1ST CROSS, NEW MISSION ROAD,
BENGALURU-560027.
REPRESENTED BY
S.TANGARAJU S/O V. SUBBU,
AGE ABOUT 61 YEARS,
OCC: THE PRESIDENT
CANARA BANK SC/ST EMPLOYEES
WELFARE ASSOCIATION (REGD)
RESIDING AT RAASI,
NO.35/A, KEMNET HOSPITAL ROAD,
ELLISUR, MADHURAI-625010.
2. BHEEMA SHANKAR TADDIWADI
S/O DAMODHAR, AGED ABOUT 51 YEARS,
WORKING PRESIDENT
CANARA BANK SC/ST EMPLOYEES
WELFARE ASSOCIATION (REGD)
RESIDING AT 1-889/67/198,
SHANTI KUTIR, MAHAVEER NAGAR,
BEHIND KOTHARI BHAVAN,
KALABURAGI-585101.
3. RASANANDA MUNDA S/O
K.C.MUNDA,
AGED ABOUT 53 YEARS,
VICE PRESIDENT
CANARA BANK SC/ST
EMPLOYEES WELFARE
ASSOCIATION (REGD)
RESIDING AT FLAT NO.34,
PARK TOWER, UNIT 6,
GANGANAGAR,
BHUVANESHWARA-751003.
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C/W WP No. 200471 of 2022
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4. A. SHIVAJI S/O P. AYYA IRAM,
AGED ABOUT 61 YEARS,
OCC: PENSIONER/GEN SECRETARY OF
CANARA BANK SC/ST EMPLOYEES,
WELFARE ASSOCIATION (REGD),
R/O NO.9/3 VINAYAGAR
KOIAL STREET, SHAKTI NAGAR,
ARUMBAKKAM,
CHENNAI-600106.
...PETITIONERS
(BY SRI. K. M. GHATE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY DISTRICT REGISTRAR OF
SOCIETIES (CO-OPERATIVE SOCIETIES)
RANGE-II, BENGALURU,
DISTRICT NO.146,
SAHAKARA SOUDHA,
2ND FLOOR, 8TH CROSS,
3RD MAIN ROAD,
BENGALURU-560003.
2. SRI SOMRAJ
AGE: 58 YEARS,
CANARA BANK,
PENSIONER,
R/O JALANDAR PUNJAB-144001.
3. K. KUMAR
AGE: 58 YEARS,
OCC: SERVICE,
R/O HOUSE NO.19,
MADHU VAIBHAVA,
FLAT NO.401,
4TH CROSS, 29TH MAIN,
BTM LAYOUT, 2ND STAGE,
BENGALURU-560048.
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WP No. 200180 of 2023
4. CANARA BANK
REPRESENTED BY ITS
M.D. AND C.E.O.,
112 J.C.ROAD,
HEAD OFFICE,
BENGALURU-560003.
...RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, ADDITIONAL GOVERNMENT
ADVOCATE FOR RESPONDENT NO.1;
SRI. SHIVASHARANA REDDY, ADVOCATE FOR RESPONDENT
NOS.2 AND 3;
SRI. S. S. ASPALLI, ADVOCATE FOR RESPONDENT NO.4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI, DIRECTION , QUASHING THE ORDER PASSED BY
RESPONDENT NO. 1 ON 19.01.2022 AND 21.01.2022 IN FILE
NO.rDgï©-2/J¸ï/zÀÆgÀÄ/14/2018-19 VIDE ANNEXURE - A TO THE
WRIT PETITION. B) IN VIEW OF THE ABOVE SAID FACTS AND
CIRCUMSTANCES, THE ILLEGAL ORDER PASSED BY
RESPONDENT NO. 1, IF THIS HON'BLE COURT COMES TO THE
CONCLUSION, THAT THE PETITIONERS ARE ENTITLE FOR THE
COST OF THE PRESENT WRIT PETITION, THE SAME MAY BE
AWARDED.
IN W. P. NO. 200180 OF 2023
BETWEEN:
1. CANARA BANK SC/ST EMPLOYEES
WELFARE ASSOCIATION (REGD)
BENGALURU HAVING ITS CENTRAL OFFICE,
AT JAI BHEEM BHAVAN NO. 16,
2ND FLOOR, J. C. ROAD,
1ST CROSS, NEW MISSION ROAD,
BENGALURU-560027.
REPRESENTED BY S. TANGARAJU
S/O V. SUBBU,
AGE ABOUT 61 YEARS,
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WP No. 201800 of 2023
C/W WP No. 200471 of 2022
WP No. 200180 of 2023
OCC: THE PRESEDENT CANARA BANK,
SC/ST EMPLOYEES WELFARE ASSOCIATION (REGD),
RESIDING AT RAASI, NO. 35/A,
KEMNET HOSPITAL ROAD,
ELLISUR,
MADHURAI-625010.
2. RASANANDA MUNDA S/O K.C. MUNDA,
AGED ABOUT 53 YEARS,
VICE PRESIDENT
CANARA BANK SC/ST EMPLOYEES WELFARE
ASSOCIATION (REGD) RESIDING AT FLAT NO. 34,
PARK TOWER, UNIT 6,
GANGANAGAR,
BHUVANESHWARA-751003.
3. A. SHIVAJI S/O P. AYYA IRAM
AGED ABOUT 61 YEARS,
OCC. PENSIONER/GEN SECRETARY OF CANARA BANK
SC/ST EMPLOYEES,
WELFARE ASSOCIATION (REGD),
R/O. NO. 9/3, VINAYAGAR KOIAL STREET,
SHAKTI NAGAR, ARUMBAKKAM
CHENNAI-600106.
4. DHANRAJ KHANDARI
AGED ABOUT 53 YEARS,
OCC: BRANCH MANAGER,
CANARA BANK RAM MANDIR BRANCH,
KALABURAGI,
(CENTRAL COMMITTEE MEMBER OF PETITIONERS
ASSOCIATION)
...PETITIONERS
(BY SRI. K. M. GHATE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
UNDER SECRETARY NO.3,
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C/W WP No. 200471 of 2022
WP No. 200180 of 2023
DEPARTMENT OF CO-OPERATIVE,
M.S. BUILDING,
AMBEDKAR VEEDHI,
BENGALURU-560003.
2. THE STATE OF KARNATAKA
REPRESENTED BY DEPUTY REGISTRAR
OF SOCIETIES (CO-OPERATIVE SOCIETIES),
RANGE-II, BENGALURU,
DISTRICT NO. 146, SAHAKARA SOUDHA,
2ND FLOOR, 8TH CROSS,
3RD MAIN ROAD,
BENGALURU-560003.
3. THE ASSISTANT REGISTRAR
OF CO-OPERATIVE SOCIETIES,
II ZONE, BENGALURU CITY,
DISTRICT BENGALURU-560003.
4. SRI. SOMRAJ S/O NIKKAM RAM,
RETIRED EMPLOYEE OF CANARA BANK,
R/O. H.NO. 73 TOWER ENCLAVE,
PHASE-II, NAKODAR ROAD,
JALANDHAR-144014 PUNJAB.
5. K. KUMAR,
AGE: 59 YEARS,
OCC: BANK EMPLOYEE,
R/O. HOUSE NO. 19, MADHU VAIBHAVA,
FLAT NO. 401, 4TH CROSS,
29TH MAIN,
BTM LAYOUT, 2ND STAGE,
BENGALURU-560048.
6. SRI. PURUSHOTTAM DAS,
RETIRED EMPLOYEE OF CANARA BANK,
R/O. CENTRAL OFFICE,
JAI BHEEM BHAVAN,
J. C. ROAD, 1ST CROSS,
OPP. POORNIMA THEATRE,
BENGALURU-560003.
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7. CHIEF MANAGER,
CANARA BANK,
LANGFORD TOWN BRANCH,
BENGALURU-560003.
...RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, ADDITIONAL GOVERNMENT
ADVOCATE FOR RESPONDENT NO.1;
SRI. RAMAPPA, ADVOCATE FOR RESPONDENT NOS.4 TO 6
SRI. S. S. ASPALLI, ADVOCATE FOR RESPONDENT NO.7)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI, DIRECTION, QUASHING THE ORDER PASSED BY
RESPONDENT NO.1 ON DATED 20.10.2022 BY GOVERNMENT
ORDER NO. SE92CSR2022 VIDE ANNEXURE- A TO THE WRIT
PETITION. B) IN VIEW OF THE FACTS AND CIRCUMSTANCES
OF AND BY QUASHING THE ILLEGAL ORDER PASSED BY
RESPONDENT NO. 1, THE RESPONDENT NO. 2 MAY BE
DIRECTED TO PERMIT THE PETITIONERS ASSOCIATION TO
HOLD GENERAL BODY MEETING AS PER BYLAWS BY GETTING
OPERATED THE BANK ACCOUNTS OF THE ASSOCIATION, IN
THE INTEREST OF ABOUT MORE THAN 12000 MEMBERS OF
THE ASSOCIATION. C) UNDER THE FACTS AND
CIRCUMSTANCE, IF THIS HON'BLE COURT DEEMS IT FIT AND
PROPER THAT THE RESPONDENTS NO 1 AND 2 ARE NOT
JUSTIFIED IN PASSING SUCH UNILATERAL ORDER, COST OF
THE WRIT PETITION MAY KINDLY BE ALLOWED IN FAVOUR OF
THE PETITIONERS ASSOCIATION, TO MEET THE ENDS OF
JUSTICE AND EQUITY.
THESE PETITIONS, COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
W.P No.201800/2023 is filed challenging a notice dated 21.06.2023 issued by respondent No.4 to hold the meeting of
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NC: 2024:KHC-K:4931 WP No. 201800 of 2023 C/W WP No. 200471 of 2022 WP No. 200180 of 2023 the Central Committee of the office bearers of petitioner No.1 on 08.07.2023 to transact the subjects shown in the agenda.
2. W.P. No.200471/2022 is filed challenging the communications dated 19.01.2022 and 21.01.2022 addressed by Assistant Registrar of Co-operative Societies, Range-II, Bengaluru to petitioner No.4 and Manager, Canara Bank respectively, withdrawing the authorization given to the petitioner No.4 to operate the accounts of the petitioner No.1.
3. W.P. No.200180/2023 is filed challenging the order dated 20.10.2022 passed by the State Government appointing an administrator for petitioner No.1 for a period of six months.
4. All these writ petitions stem out of a dispute between the then office bearers of the petitioner No.1 and certain other members of the petitioner No.1. The respondent No.1 thus appointed an administrator in terms of the order dated 20.10.2022 for a period of six months. The said appointment is challenged in W.P. No.200180/2023. In the meanwhile, the petitioner No.4 in W.P. No.200471/2022 - Sri A. Shivaji was permitted to operate the bank accounts of petitioner No.1. Later, the authorization was withdrawn by the
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NC: 2024:KHC-K:4931 WP No. 201800 of 2023 C/W WP No. 200471 of 2022 WP No. 200180 of 2023 Assistant Registrar of Co-operative Societies which is challenged in W.P. No.200471/2022. Thereafter, the General Secretary of petitioner No.1 issued a notice dated 21.06.2023 proposing to convene a General Body meeting of all the Central Committee office bearers on 08.07.2023 to transact some business of the petitioner No.1 which is challenged in W.P. No.201800/2023.
5. When these petitions were listed in orders list, the learned counsel for the petitioners submits that the term of the Administrator has expired and the State Government has not renewed the term of the Administrator and therefore, W.P. No.200180/2023 has spent in itself. However, he submits that the elections to the office bearers of the petitioner No.1 is not conducted till date and therefore, it is appropriate that suitable directions be issued to the concerned to hold elections and hand over the management of the petitioner No.1 to the duly elected Committee.
6. Per contra, the learned counsel for the private respondents submit that there are several issues which are outstanding, one of which relates to the voters' list. He
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NC: 2024:KHC-K:4931 WP No. 201800 of 2023 C/W WP No. 200471 of 2022 WP No. 200180 of 2023 submits that the petitioners are relying upon a voters' list which is prepared by them while there are several other members whose names are left out in the list and therefore, an exercise has to be undertaken first to finalize the voters' list and thereafter, elections could be held.
7. Learned counsel for the petitioners in reply submitted that the petitioners would have no objection for preparation of a voters' list and to hold an election. He, however, submits that in the meanwhile, the petitioners may be permitted to operate the bank account.
8. I have considered the submissions of the learned counsel for the petitioners and the learned counsel for the contesting respondents.
9. Since the petitioners and the respondents are largely in agreement with the fact that the elections have to be held to petitioner No.1, no further examination need be undertaken for disposal of these writ petitions. However, the preparation of a voters' list being fundamental to any election and since the petitioners and the private respondents are warring against each other over the correctness of the voters'
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NC: 2024:KHC-K:4931 WP No. 201800 of 2023 C/W WP No. 200471 of 2022 WP No. 200180 of 2023 list prepared, it is appropriate to direct the concerned officer to prepare the list of members and hold elections to the petitioner No.1 in accordance with the bye-laws of the petitioner No.1. Hence, the following:
ORDER These writ petitions are disposed off with the following directions:
i. The Deputy Registrar of Co-operative Societies, Range-II, Bengaluru, District No.146, Sahakara Soudha, 2nd floor, 8th cross, 3rd Main Road, Bengaluru-560003 shall first prepare a list of eligible voters as per the bye-laws of the petitioner No.1 within a period of one month from the date of receipt of a certified copy of this order.
ii. It is open for any member of the petitioner No.1 to file his / her representation before the Deputy Registrar of Co-operative Societies to include his or her name in the list of eligible voters and the same shall be considered by him in accordance with law. Upon finalization of the voters' list, the same shall be published by the Deputy Registrar of Co-operative Societies at the office of the petitioner No.1 as well as at his office. If no
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NC: 2024:KHC-K:4931 WP No. 201800 of 2023 C/W WP No. 200471 of 2022 WP No. 200180 of 2023 objections are received within a period of 15 days from the date of such publication, the Deputy Registrar of Co-operative Societies shall hold elections after notifying the calendar of events which again shall be in accordance with the bye- laws of petitioner No.1.
iii. The expenses for holding elections shall be borne from out of the funds of the petitioner No.1. The Deputy Registrar of Co-operative Societies is entitled to compel the petitioners to withdraw the amount lying in the account of petitioner No.1 at Canara Bank, Langford branch, Bengaluru.
iv. The Deputy Registrar of Co-operative Societies will hand over the administration of the petitioner No.1 to the Committee who may be appointed.
v. The Committee shall forthwith take over all the records of the petitioner No.1 and perform its duties in accordance with the bye-laws of the petitioner No.1.
vi. In so far as the expenses that may be required for maintenance of the building of petitioner No.1, Mr. Purushottam Das (respondent No.6 in W.P. No.200180/2023), who claims to be a founder member, he shall continue to maintain the building of the petitioner No.1 and the same shall be reimbursed to him by the Committee who may
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NC: 2024:KHC-K:4931 WP No. 201800 of 2023 C/W WP No. 200471 of 2022 WP No. 200180 of 2023 be elected in accordance with law. Similarly, any expenses incurred by him duly supported by documents shall be duly reimbursed to him in accordance with law.
In view of disposal of these petitions, pending I.A., if any, shall stand disposed off.
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JUDGE SMA CT:SI List No.: 1 Sl No.: 18