Kallappa S/O Bharamappa Dalawai vs Shri.Halsiddeshwar Education Society on 4 January, 2021

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Karnataka High Court

Kallappa S/O Bharamappa Dalawai vs Shri.Halsiddeshwar Education Society on 4 January, 2021

Bench: N.S. Sanjay Gowda

        IN THE HIGH COURT OF KARNATAKA
                DHARWAD BENCH

   DATED THIS THE 04 T H DAY OF JANUARY, 2021

                         BEFORE

  THE HON'BLE MR.JUSTICE N.S. SANJAY GOWDA

        W.P.NOS.105720-21/2019 (GM, R/C)

BETWEEN :

1. Kallappa
   S/o Bharamappa Dalawai,
   Age-63 Years, Occ: Agril,
   R/o Shiragur, Tq-Raibag,
   Dt-Belagavi.

2. Mahesh
   S/o Babu Patil,
   Age-29 Years, Occ: Agril,
   R/o Mavinhonda Village,
   Tq-Raibag, Dt.Belagavi.
                                        ..... Petitioners
(By Shri Dinesh M. Kulkarni, Adv.)

AND :

1. Shri Halsiddeshwar
   Education Society,
   Shiragur, Tq: Raibag, Dt.Belagavi,
   Office at Paramanandwadi,
                             :2:



  Tq-Raibag, Dt-Belagavi,
  Rep. By Its Secretary.

2. Vasant
   S/o Bharamappa Dalawai,
   Age-58 Years, Occ; Agril,
   R/o Shiragur, Tq-Raibag,
   Dt.Belagavi.

3. Vijay
   S/o Vasant Dalawai,
   Age-33 Years, Occ-Social Work & Agril,
   R/o Shiragur, Tq-Raibag,
   Dt-Belagavi.

                                            ..... Respondents

(By Shri Yaragambhimath M.R. Adv. For Shri S.S.Balloli
for Respondents)

     This writ petition is filed under Articles 226 & 227 of
the Constitution of India praying this court to issue a writ
in the nature of certiorari to quash the order dated
11.06.2018 passed in Misc. Application No.168/2017 by X
Addl. District and Sessions Judge, Belagavi vide annexure-
G as null and void and such other reliefs.

    THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                                  :3:



                              : ORDER :

This writ petition is filed impugning the order dated 11 t h June 2018 passed by the X Addl. District & Sessions Judge, Belagavi by which two new trusties i.e., Shri Vasanth Baharappa Dalawadi and Shri Sandeep Suresh Naik were elected (vide resolution No.3) and the resolution by which the new managing committee was elected (vide resolution No.4) was approved by the District Court.

2. Learned counsel Shri Yaragambhimath M.R appearing for Shri S.S.Balloli submits that, the term of managing committee itself has come to an end and therefore the petition may be dismissed as having become infructuous.

3. Learned counsel Sri Dinesh M.Kulkarni appearing for the petitioners submits that, by the impugned order the District Judge has affirmed the fact that the petitioners have resigned and in their place two :4: trustees have been unanimously elected and this portion of the order seriously prejudices the petitioners as the said allegation is not true.

4. It is noticed that, the petition filed before the District Court was under Sections 3 and 7 of the Charitable and Religious Trust Act, 1920 essentially requesting the Court to approve the election of the Managing Committee of Shri Halasiddeshwar Education Society, Shiragur. In my opinion, in a petition seeking for approval of election to the Managing Committee, the question as to whether the petitioners had resigned and their resignations were validly accepted and two trustees were elected in their place cannot be gone into.

5. In my view, it is open for the petitioners to challenge the acceptance of their alleged resignations and also the election of two other trustees in their place in a manner known to law.

:5:

6. Since learned counsel for the respondent- society submits that, the term of the society has itself come to an end, the impugned order would not survive for consideration and the petition is therefore dismissed as having become infructuous.

7. However, it is made clear that the petitioners are at liberty to challenge the acceptance of their alleged resignations and the election of two trustees in their place.

Sd/-

JUDGE EM

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