IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 07th DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION No. 57831/2018 (GM-KSR) Between:
K.M.Krishnappa S/o late Muniyappa Aged about 55 years R/at Kothanuru Village J.P.Nagar, 8th Phase Mount Joesph College Post Uttarahalli Hobli Bengaluru South Taluk Bengaluru Note: Member of 3rd Respondent Association ...Petitioner (By Sri. N.Ramachandra, Advocate) And 1. State of Karnataka Department of Co-operation 6th Floor, M.S.Building Dr. Ambedkar Veedi Bengaluru – 560 001 Represented by its Principle Secretary 2. District Registrar of Association and Deputy Registrar of Co-operative Societies, IV Circle 3rd Floor, Sahakara Soudha 8th Cross, Margosa Road Malleshwaram Bengaluru – 560 003 3. Karnataka State Madiwala Association (R) No.7, Sirur Park Road Sheshadripuram Bengaluru – 560 020 Rep. by its President 4. Karnataka State Madiwala Association (R) No. No.7 Sirur Park Road Sheshadripuram Bengaluru – 560 020 Rep. by its General Secretary ... Respondents (By Sri. D.R.Anandeeshwara, HCGP for R1 and R2) This writ petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to issue a writ of mandamus to the respondents as per Section 27-A of the Karnataka Societies Registration Act, 1960 for appointment of an administrator and to conduct election to the committee of management of the R-3 association within six (6) months.
This writ petition coming on for Preliminary Hearing, this day, the court made the following:-
O R D E R Learned High Court Government Pleader takes notice for the respondents and is permitted to file memo of appearance.
2. This writ petition is filed by the petitioner - member of respondent No.3 – Society registered under Karnataka Societies Registration Act, 1960 for issuance of writ of mandamus to the authorities to appoint an Administrator in exercise of provision under Section.27-A of Karnataka Societies Registration Act, 1960 to conduct elections to the Managing Committee of the respondent No.3 within a period of six months.
3. However, learned High Court Government Pleader points out that even according to the petitioner, the managing committee of the respondent No.4 has decided to hold the elections and as such, elections are proposed to be held on 20.01.2019 and therefore, the petitioner’s request for appointment of an Administrator to oversee the elections will not arise. Learned High Court Government Pleader further state that the elections are conducted according to the applicable by-laws.
4. The petitioner, as is obvious from a perusal of the petition averments, has not made out any ground that would justify by passing the mechanism of holding of elections to the Management Committee as contemplated under relevant by-laws of respondent No.3. The Chief assertion is that the election is not held in time. However, the elections are undisputedly scheduled to be held in the immediate future. Thus, in the facts and circumstances of the case, this Court is of the considered opinion that the writ petition could be disposed of in the following terms.
The present petition is disposed of reserving liberty to the petitioner, subject to all exceptions in law, to seek appropriate remedy in law in the event the elections are held and if the petitioner is aggrieved by the manner in which the elections are conducted.
SD/- JUDGE KA/-