Karnataka High Court
Udupi District Amateur Athletic ... vs State Of Karnataka on 21 November, 2017
Author: A.S.Bopanna
Bench: A S Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2017
BEFORE
THE HON'BLE MR. JUSTICE A S BOPANNA
W.P.No.27092/2017 (GM-KSR)
C/W
W.P.Nos.31662-31663/2017, W.P.Nos.31660-31661/2017,
W.P.Nos.31657-31659/2017 AND W.P.Nos.31654-31656/2017
(GM-KSR)
W.P.No.27092/2017
BETWEEN:
UDUPI DISTRICT AMATEUR ATHLETIC ASSOCIATION
A SOCIETY REGISTERED UNDER PROVISIONS OF THE
SOCIETIES REGISTRATION ACT, 1860 AND HAVING
ITS REGISTERED OFFICE ADDRESS AT NO.155,
K.M.C QUARTERS, MADHAVA NAGAR
MANIPAL 576119, UDUPI
BY ITS SECRETARY
... PETITIONER
(BY SRI AJITH ANAND SHETTY, ADV.)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF YOUTH EMPOWERMENT
AND SPORTS
STATE YOUTH CENTURE
NRUPATHUNGA ROAD
BANGALORE 560 001.
2. KARANATAKA ATHLETICS ASSOCIATION
NOW RECHRISTENED AS KARNATAKA
AMATEUR ATHLETICS ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISIONS OF THE SOCIETIES
REGISTRATION ACT, 1860 AND HAVING
2
ITS REGISTERED OFFICE AT ROOM NO.2,
GATE NO.3, SREE KANTHEERAVA STADIUM
BANGLAORE 560 001
BY ITS SECRETARY/AUTHORISED SIGNATORY
... RESPONDENTS
(BY SRI M A SUBRAMANI, HCGP FOR R1
SRI SHANKAR S BHAT, ADV. FOR R2)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT
THE R-2 SOCIETY, UNDER SUPERVISION OF THE R-1
AUTHORITY, TO PERMIT A NOMINEE / THE NOMINEES OF
THE PETITIONER SOCIETY TO PARTICIPATE AND ENGAGE IN
THE GENERAL BODY MEETING OF THE R-2 SOCIETY, TO BE
HELD ON THE 01.07.2017 AND ETC.
W.P.Nos.31662-31663/2017
BETWEEN:
1. KODAGU ATHLETIC ASSOCIATION
A SOCIETY REGISTRED UNDER PROVISIONS OF THE
SOCIETIES REGISTRATION ACT, 1860 AND HAVING
ITS REGISTERED OFFICE ADDRESS AT DECHUR
NEAR OMKARESHWARA TEMPLE
MADIKERI, KODAGU
BY ITS PRESIDENT MR. M V LOKESH
2. BANGALORE URBAN DISTRICT ATHLETIC ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISION OF THE SOCIETIES
REGISTRATION ACT, 1860 AND HAVING
ITS REGISTERED OFFICE ADDRESS AT
NO.91/2, DR. A N KRISHNA RAO ROAD
V V PURAM, BANGALORE 560004
BY ITS PRESIDENT MRS ASHWINI NACHAPPA
... PETITIONERS
(BY SRI AJITH ANAND SHETTY, ADV.)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF YOUTH EMPOWERMENT
AND SPORTS
3
STATE YOUTH CENTURE
NRUPATHUNGA ROAD
BANGALORE 560001
REP. BY PRINCIPAL SECRETARY
2. REGISTRAR OF CO-OPERATIVE SOCIETIES
NO.1, ALI ASKAR ROAD
BANGALORE 560052
3. KARNATAKA ATHLETICS ASSOCIATION
NOW RECHRISTENED AS
KARNATAKA AMATEUR ATHLETICS ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISIONS OF THE SOCIETIES
REGISTRATION ACT, 1860 AND
HAVING ITS REGISTERED OFFICE
AT ROOM NO.2, GATE NO.3,
SREE KANTHEERAVA STADIUM
BANGALORE 560001
BY ITS SECRETARY/AUTHORIZED SIGNATORY
4. MR. CHANDRASHEKHAR RAI
AGED ABOUT 45 YEARS,
HONORARY SECRETARY
KARNATAKA AMATEUR ATHLETICS ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISION OF THE SOCIETIES
REGISTRATION ACT, 1860 AND HAVING
ITS REGISTERED OFFICE AT ROOM NO.2,
GATE NO.3, SREE KANTHEERAVA STADIUM
BANGALORE 560001
... RESPONDENTS
(BY SRI M A SUBRAMANI, HCGP. FOR R1 & 2
SRI SHANKAR BHAT, ADV. FOR R3
NOTICE TO R4 HELD SUFFICIENT V/O DATED:31.08.2017)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT
THE R-3 TO CONDUCT ELECTIONS TO ELECT MEMBERS OF
THE EXECUTIVE COUNCIL AND OFFICE BEARERS THEREIN
WITHIN A PLAUSIBLE TIME LINE AND ETC.
4
W.P.Nos.31660-31661/2017
BETWEEN:
1. DHARWAD DISTRICT ATHLETIC ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISIONS OF THE SOCIETIES
REGISTRTION ACT, 1860 AND HAVING ITS
REGISTERED OFFICE AT SARIF MULLA MOHALLA
KRISHNA NAGAR, DESHPANDE NAGAR
HUBLI 580029
BY ITS SECRETARY MR. S S TAWADE
2. BELLARY DISTRICT ATHLETIC ASSOCIATION
A SOCIETY REGISTERED UNDER PROVISIONS OF THE
SOCIETIES REGISTRATION ACT 1860 AND HAVING
ITS REGISTERED OFFICE ADDRESS AT NO.44
WARD NO.33, MAATRU NILAYA
DEVI NAGAR, BELLARY 583102
BY ITS VICE PRESIDENT MR R PRATHAP
... PETITIONERS
(BY SRI AJITH ANAND SHETTY, ADV.)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF YOUTH EMPOWERMENT
AND SPORTS
STATE YOUTH CENTURE
NRUPATHUNGA ROAD
BANGALORE 560001
2. REGISTRAR OF CO-OPERATIVE SOCIETIES
NO.1, ALI ASKAR ROAD
BANGALORE 560052
3. KARNATAKA ATHLETICS ASSOCIATION
NOW RECHRISTENED AS
KARNATAKA AMATEUR ATHLETICS ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISIONS OF THE SOCIETIES
REGISTRATION ACT, 1860 AND HAVING
ITS REGISTERED OFFICE AT ROOM NO.2,
GATE NO.3, SREE KANTHEERAVA STADIUM
BANGALORE 560001
BY ITS SECRETARY/AUTHORIZED SIGNATORY
5
4. MR CHANDRASHEKHAR RAI
AGED ABOUT 45 YEARS,
HONORARY SECRETARY
KARNATAKA AMATEUR ATHLETICS ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISION OF THE SOCIETIES
REGISTRATION ACT, 1860 AND HAVING
ITS REGISTERED OFFICE AT ROOM NO.2,
GATE NO.3, SREE KANTHEERAVA STADIUM
BANGALORE 560001
... RESPONDENTS
(BY SRI M A SUBRAMANI, HCGP. FOR R1 & 2
SRI SHANKAR BHAT, ADV. FOR R3
NOTICE TO R4 HELD SUFFICIENT V/O DATED 31.08.2017)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT
THE R-3 TO CONDUCT ELECTIONS TO ELECT MEMBERS OF
THE EXECUTIVE COUNCIL AND OFFICE BEARERS THEREIN
WITHIN A PLAUSIBLE TIME LINE AND ETC.
W.P.Nos.31657-31659/2017
BETWEEN:
1. BAGALKOT DISTRICT ATHLETIC ASSOCIATION
A SOCITEY REGISTERED UNDER
PROVISIONS OF THE SOCIETIES
REGISTRATION ACT , 1860 AND HAVING
ITS REGISTERED OFFICE ADDRESS
VIDYAGIRI, ROOPALAND
HOUSE NO.100, BAGALOKOT -587101
BY ITS SECRETARY LAKSHMANA
2. HAVERI DISTRICT ATHLETIC ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISIONS OF THE SOCIETIES
REGISTRATION ACT, 1860 AND HAVING
ITS REGISTERED OFFICE AT NO.34,
PATIL STREET, PANDURANGANAGAR
HAVERI, BY ITS SECRETARY
BASAVARAJ J HALAPPANAVAR
3. BIDAR DISTRICT ATHLETIC ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISIONS OF THE SOCIETIES
6
REGISTRATION ACT, 1860 AND HAVING
ITS REGISTERED OFFICE ADDRESS AT
DOOR NO.15/4, NADAR STREET, BIDAR
BY ITS SECRETARY MALLAPPA BOTAGI
... PETITIONERS
(BY SRI AJITH ANAND SHETTY, ADV.)
AND:
1. STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY
DEPARTMENT OF YOUTH
EMPOWERMENT AND SPORTS
STATE YOUTH CENTURE
NRUPATHUNGA ROAD
BANGALORE 560001
2. REGISTRAR OF CO OPERATIVE SOCIETIES
NO.1, ALI ASKAR ROAD
BANGALORE 560052
3. KARNATAKA ATHLETICS ASSOCIATION
NOW RECHRISTENED AS
KARNATAKA AMATEUR ATHLETICS ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISIONS OF THE SOCIETIES
REGISTRATION ACT, 1860 AND HAVING ITS
REGISTERED OFFICE AT ROOM NO.2,
GATE NO.3, SREE KANTHEERAVA STADIUM
BANGALORE 560001
BY ITS SECRETARY/AUTHORIZED SIGNATORY
4. MR. CHANDRASHEKHAR RAI
AGED ABOUT 45 YEARS,
HONORARY SECRETARY
KARNATAKA AMATEUR ATHLETICS ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISION OF THE SOCIETIES
REGISTRATION ACT, 1860 AND HAVING
ITS REGISTERED OFFICE AT ROOM NO.2,
GATE NO.3, SREE KANTHEERAVA STADIUM
BANGALORE 560001
... RESPONDENT S
(BY SRI M A SUBRAMANI, HCGP. FOR R1 & 2
SRI SHANKAR BHAT, ADV. FOR R3
NOTICE TO R4 HELD SUFFICIENT V/O DATED 31.08.2017)
7
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT
R-3 TO CONDUCT ELECTIONS TO ELECT MEMBERS OF THE
EXECUTIVE COUNCIL AND OFFICE BEARERS THEREIN WITHIN
A PLAUSIBLE TIME LINE AND ETC.
W.P.Nos.31654-31656/2017
BETWEEN:
1. DAVANAGERE DISTRICT ATHLETIC ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISIONS OF THE SOCIETIES
REGISTRATION ACT, 1860 AND HAVING
ITS REGISTERED OFFICE ADDRESS AT
RLS MEDICALS, NO.186/5, CG HOSPITAL ROAD
P J EXTENSION, DAVANGERE 577002
BY ITS SECRETARY R NATARAJAN
2. KOPPALA DISTRICT ATHLETIC ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISIONS OF THE SOCIETIES
REGISTRATION ACT 1860 AND HAVING ITS
REGISTERED OFFICE AT MANJUNATHA NILAYA
WARD NO.15, KURUBARA VONI, KOPPALA 583231
BY ITS PRESIDENT SHARANABASAVA
3. GADAG ATHLETIC ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISION OF THE SOCIETIES
REGISTRATION ACT 1860 AND HAVING
ITS REGISTERED OFFICE ADDRESS AT
GADAG-TETAGERI TALUK,
GADAG DISTRICT 582101
BY ITS SECRETARY PRABHUGOUDA H PATIL
... PETITIONERS
(BY SRI AJITH ANAND SHETTY, ADV.)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF YOUTH EMPOWERMENT
AND SPORTS
STATE YOUTH CENTURE
8
NRUPATHUNGA ROAD
BANGALORE 560001
REP. BY PRINCIPAL SECRETARY
2. REGISTRAR OF CO-OPERATIVE SOCIETIES
NO.1, ALI ASKAR ROAD
BANGALORE 560052
3. KARNATAKA ATHLETICS ASSOCIATION
NOW RECHRISTENED AS
KARNATAKA AMATEUR ATHLETICS ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISIONS OF THE SOCIETIES
REGISTRATION ACT, 1860 AND HAVING ITS
REGISTERED OFFICE ADDRESS AT ROOM NO.2,
GATE NO.3, SREE KANTHEERAVA STADIUM
BANGALORE 560001
BY ITS SECRETARY/AUTHORIZED SIGNATORY
4. MR CHANDRASHEKHAR RAI
AGED ABOUT 45 YEARS,
HONORARY SECRETARY
KARNATAKA AMATEUR ATHLETICS ASSOCIATION
A SOCIETY REGISTERED UNDER
PROVISION OF THE SOCIETIES
REGISTRATION ACT, 1860 AND HAVING
ITS REGISTERED OFFICE AT ROOM NO.2,
GATE NO.3, SREE KANTHEERAVA STADIUM
BANGALORE 560001
... RESPONDENTS
(BY SRI M A SUBRAMANI, HCGP. FOR R1 & 2
SRI SHANKAR BHAT, ADV. FOR R3
NOTICE TO R4 HELD SUFFICIENT V/O DATED 31.08.2017)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT
THE R-3 TO CONDUCT ELECTIONS TO ELECT MEMBERS OF
THE EXECUTIVE COUNCIL AND OFFICE BEARERS THEREIN
WITHIN A PLAUSIBLE TIME LINE AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
9
ORDER
Since the issues essentially are interconnected, these petitions are taken up together and disposed of by this common order.
2. Insofar as the petitions in W.P.Nos.31654-56, 31657-59, 31660-61 and 31662-63 of 2017 the respective District Athletic Associations are before this Court seeking that respondent No.3-Society which is the State body be directed to conduct the elections for the Executive Council and office bearers within a time frame. In that regard, the petitioners are also seeking that respondent No.1-State authorities be directed to over see such electoral process and to ensure that the election is conducted in a free and fair manner. Further, the petitioners are also seeking that the voters list of those who are eligible to vote during election shall also be updated and published before the elections are held.
In W.P.No.27092/2017 the petitioner - Udupi District Amateur Athletic Association is before this 10 Court seeking that their name shall also be included in the voters list and the general body meeting be conducted to elect the Managing body/Executive Council of the State Association. The grievance of the petitioners in all these petitions is that though the time period as provided in the bye laws of respondent No.3 - Karnataka Athletics Association presently known as Amateur Athletics Association has expired, the Managing Committee/Executive council is continuing to hold office as the Managing body without holding elections. It is in that light the petitioner District Athletic Associations who have a voting right to elect members of the Executive Council have submitted the representations as at Annexure-J series in W.P.Nos.31657-59/2017 requesting respondent No.2 -the Registrar of Societies to look into the matter and ensure that the elections are held in a free and fair manner and on the scheduled date. Since no action is initiated by the respondents and further since respondent No.3 - State Association has not conducted the general body and the election to constitute the 11 Executive Council of the State body, the petitioners are before this Court in this petition.
3. Having taken note of the contentions and further since it is seen that the term of the Executive Council which was elected earlier has come to an end on 26.04.2015 and no elections have been held thereafter, respondent No.3 - the State Association will have to at the outset take steps to hold elections, elect the representatives and constitute the Executive Council for managing the affairs of the State Association. Needless to mention that if respondent No.3- State Association does not take such steps in this regard, respondent No.2-Registrar of Societies who is the competent authority is required to look into the matter, take steps for securing due compliance of the provisions of the Act and bye laws of the Society so as to complete the election process.
4. Needless to mention that if respondent No.2 notices any irregularity, appropriate action to conduct the election under the supervision of respondent No.2 is 12 required to be made. Therefore, in that circumstance, without adverting to the further details in the matter, having noticed the representations as at Annexure-J series, all that is necessary at this point is to direct the respondent No.2 - Registrar of Societies to take note of the grievance put forth in the representation, issue appropriate notice/ communication to respondent No.3 - State Association to act in accordance with the byelaws of the Society and hold general body elections to constitute the Executive Council for managing the affairs of the State Association. In that regard, respondent No.2 shall also indicate the time frame within which such elections are to be held. If respondent No.3 does not act as per the directions to be issued by respondent No.2, respondent No.2 shall thereupon exercise his powers available to him under the Act and ensure that the elections are held and properly constituted Managing Committee/Executive Council is constituted within the time frame in that regard. Further respondent No.2 shall also direct respondent No.3 to publish the list of voters who are 13 eligible to vote in the elections much ahead of the election schedule.
5. In the said process, if the name of the petitioner in W.P.No.27092/2017 does not figure in such list, respondent No.3 shall indicate the reasons by addressing an appropriate communication to the petitioner. In that regard if for any reason to be assigned by respondent No.3 the name of the petitioner in W.P.No.27092/2017 is excluded, the petitioner therein may avail their remedies in accordance with law.
6. To ensure that the process as indicated above is completed in a time frame, the petitioners are granted the liberty of filing the copies of the representation enclosing all the supporting documents along with a copy of this order with respondent No.2. Respondent No.2 on receipt of the said representation shall notify respondent No.3 within three weeks from the date of receipt of a copy of the representation. Respondent No.2-Registrar shall direct respondent No.3-State Association to complete the election process within the 14 time frame to be indicated by respondent No.2 which shall not be more than three months from the date on which the representation is filed. In the said process, if for any reason respondent No.3 does not hold election and if in that light respondent No.2 is required to step in and hold the elections, such elections shall be held within a further period of six weeks. In view of the above, it is made clear that respondent No.2 in all eventuality shall ensure that the elections to constitute the Executive Council by respondent No.3 shall be held within the outer limit of five months from the date on which the representation is submitted.
These petitions stand disposed of in the above terms.
Sd/-
JUDGE akc/bms