Karnataka High Court
Bel Sc/St Welfare Association (R) vs State Of Karnataka on 24 October, 2016
Author: A.S.Bopanna
Bench: A S Bopanna
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER 2016
BEFORE
THE HON'BLE MR. JUSTICE A S BOPANNA
W.P.Nos.36190-194/2011 (GM-RES)
BETWEEN
1. BEL SC/ST WELFARE ASSOCIATION (R)
HAVING OFFICE AT NO.T 77, 4-5,
BEL COLONY, JALAHALLI
BANGALORE-560013
REPT BY ITS HONORARY SECRETARY
SRI ANNADURAI K
2. SRI LAKSHMI NARASIMHA M
S/O SRI MANTAIAH
AGED ABOUT 51 YEARS
HONORARY PRESIDENT OF
BEL SC/ST WELFARE ASSOCIATION (R)
BADGE NO.206346, BEL FACTORY
JALAHALLI, BANGALORE-560013
3. SRI NAGARAJ R
S/O LATE RAMU
AGED ABOUT 44 YEARS
HONORARY VICE PRESIDENT OF
BEL SC/ST WELFARE ASSOCIATION (R)
BADGE NO.209163, BEL FACTORY
JALAHALLI, BANGALORE-560013
4. SRI ANNADURAI K
S/O LATE KUPPUSWAMY
AGED ABOUT 41 YEARS
HONORARY SECRETARY OF
BEL SC/ST WELFARE ASSOCIATION (R)
BADGE NO.209768, BEL FACTORY
JALAHALLI, BANGALORE-560013
5. SRI H NARASIMHA MURTHI
S/O J A HANUMAIAH
AGED ABOUT 45 YEARS
2
HONORARY JOINT SECRETARY OF
BEL SC/ST WELFARE ASSOCIATION (R)
BADGE NO.206122, BEL FACTORY
JALAHALLI, BANGALORE-560013
6. SRI SREE KRISHNA M A
S/O ADIVAIAH
AGED ABOUT 38 YEARS
HONORARY TREASURY OF
BEL SC/ST WELFARE ASSOCIATION (R)
BADGE NO.213305, BEL FACTORY
JALAHALLI, BANGALORE-560013
... PETITIONERS
(BY SRI M. VEERABHADRAIAH, ADV. FOR
M VEERABHADRAIAH ASSTS)
AND
1. STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF CO-OPERATION
M S BUILDING
BANGALORE-560001
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES
AND REGISTRARA FOR SOCIETIES
ALI ASKER ROAD
BANGALORE-560001
3. THE DEPUTY REGISTRAR OF CO-OPERARIVE SOCIETIES
AND DISTRICT REGISTRAR FOR SOCIEITIES
BANGALORE NORTH RANGE
BANGALORE URBAN DISTRICT
NO.146, 3RD MAIN ROAD, 8TH CROSS ROAD
MARGOSA ROAD, MALLESHWARAM
BANGALORE-560003
4. THE ADMINISTRATOR
THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES AND DISTRICT
REGISTRAR FOR SOCIEITIES,
BANGALORE NORTH RANGE
BANGALORE URBAN DISTRICT
NO.146, 3RD MAIN ROAD, 8TH CROSS ROAD
MARGOSSA ROAD, MALLESHWARAM
BANGALORE-560003
3
5. SRI J.M.SHANKAR
AGED ABOUT 48 YEARS
MEMBER OF THE
BEL SC/ST WELFARE ASSOCIATION (R)
BADGE NO.209529, BEL FACTORY
JALAHALLI, BANGALORE-560013
6. SRI K.M.AMRUTHRAJ
AGED ABOUT 47 YEARS
MEMBER OF THE
BEL SC/ST WELFARE ASSOCIATION (R)
BADGE NO.207982, BEL FACTORY
JALAHALLI, BANGALORE-560013
... RESPONDENTS
(BY SRI LAKSHMINARAYAN, AGA FOR R1 TO R4
SRI A. HANUMANTHAPPA, ADV. FOR R5 & R6)
*******
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER PASSED BY THE 1ST RESPONDENT DATED 15.9.2011
AS PER ANNEXURE-W.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Petitioner is before this Court assailing the order dated 15.09.2011 impugned at Annexure-W to the petition.
2. Perusal of the order impugned would disclose that the appointment of the administrator had been made for a period of six months which has expired and no further order has been made thereafter. If that be the position, the prayer as made in the petition at this juncture would not arise. The 4 period for which the administrator had been appointed has accordingly elapsed. Considering that aspect of the matter, an appropriate Managing Body will have to be constituted to administer the affairs of the 1st petitioner - Association through the democratic process.
3. Hence, the 1st petitioner - Association shall hold elections for constituting the managing committee as per the rules and bye-laws of the association in accordance with law. If at all any other member of the association has any grievance thereafter or if the elections are not conducted within a reasonable time, it would be open for them to approach the 2nd respondent and the 2nd respondent shall thereupon ensure that the elections are held in accordance with law.
With the said observations, petitions stand disposed of.
Sd/-
JUDGE VP