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R.DEVDAS J., (ORAL):

The appellants are the members of respondent No.3- Nadavara Sangha, which was registered under the provisions of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as 'the Act' for short). Respondent No.3-Sangha filed W.P.No.101735/2022 calling in question the Government Order dated 19.04.2022 by virtue of which an administrator was appointed invoking the provisions contained in Section 27-A of the Act. The learned Single Judge noticed the contentions of the petitioners herein who were respondent Nos.3 to 7 before the learned Single Judge that the elections to the society were not conducted in the manner known to law and that the office bearers have been elected in contravention of the bye-laws and the law of the land. More particularly, it was sought to be pointed out that after the term of previous governing council was over, the members have been inducted to the society without there being power vested with it. The entire exercise was undertaken only to gain an advantage over the members seeking to be elected into the governing council. However, the learned Single Judge has held that whether the election is conducted in the general body or not as contemplated in the bye-law of the society is a question of fact and it cannot be gone into by the court exercising its powers under Article 226 of the Constitution of India.