IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NOs.65571-65572/2016,65574- 65575/2016 & 25686-25687/2019 (GM-KSR) BETWEEN 1. SHRI. MUDDEGOWDARA VEERABHADRAPPA SON OF LATE MUDDEGOWDAPPA AGED 81 YEARS, RESIDING AT BAKKESWARA, NO.851/6, 9TH CROSS, TARALABALU LAYOUT DAVANAGERE 577005.
2. SMT. P. UMA HEMAREDDY WIFE OF SHRI K T HEMA REDDY AGED 48 YEARS, RESIDING AT NO.1657/18, 10TH CROSS, ANAJANEYA LAYOUT, DAVANAGERE 577004.
3. SMT SUDHA J B RAJU WIFE OF SHRI J B RAJU , AGED 50 YEARS, RESIDING AT NO.1962/1, VINAYAKA SADANA 5TH CROSS, VINAYAKA LAYOUT, DAVANAGERE 577005 [DELETED VIDE ORDER DATED 17/6/2019] 4. SHRI L V SUBRAMANYA SON OF LATE V LAXMANA RAO AGED 53 YEARS, RESIDING AT NO.2561, SRI CHAITANYA MCC A BLOCK, 5TH MAIN, DAVANAGERE 577004.
5. SHRI M V RAVI SON OF SHRI M VEERABHADRAPPA AGED 50 YEARS, RESIDING AT BAKKESWARA NO.851/6, 9TH CROSS, TARALABALU LAYOUT, DAVANAGERE 577005 6. SHRI U D LAKSHMINARAYANA SON OF LATE G DASAPPA AGED ABOUT 56 YEARS, RESIDING AT NO.3992/52, SRINIDHI 10TH CROSS, ANJANEYA LAYOUT, DAVANGERE 577004 7. SHRI K C SIDDAPPA SON OF LATE K M CHENNAPPA, AGED 48 YEARS, RESIDING AT NO.1651/10A, MARULUSIDDESHWARA NILAYA, 14TH CROSS, ANJANEYA LAYOUT, DAVANAGERE 577004 (BY SRI B M ARUN, ADVOCATE) AND 1. GOVERNMENT OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU 560001 2. ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES DAVANGERE SUB DIVISION DAVANGERE 577004 ... PETITIONERS 3. SHRI N PARASHURAMEGOWDA SON OF LATE MUDDEGOWDAPPA AGED 67 YEARS, RESIDING AT NO.4213, JALADARSHAN, 7TH CROSS, SIDDAVEERAPPA LAYOUT DAVANGERE 577004 4. SHRI S S MATHAPATHI SON OF LATE SIDDARAMAYYA AGED 72 YEARS, RESIDING AT NO.2035/129, INCHARA, 12TH CROSS, ANJANEYA LAYOUT, DAVANAGERE 577004 5. NUTAN EDUCATIONAL ASSOCIATION (R) LIC COLONY, NUTANA COLLEGE ROAD, DAVANAGERE 577004 (BY SMT VAHEEDA, HCGP FOR R1 & R2 ... RESPONDENTS SRI PADMANAB V MAHALE, SENIOR COUNSEL FOR SRI JAGADEESH GOUD PATIL, ADVOCATE FOR R3 TO R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 14.12.2016 ISSUED BY R-2 AT ANNEX-A AND ETC.
THESE WRIT PETITIONS COMING ON FOR FURTHER HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
In an earlier round of litigation, in W.P.No.43545/2015 and connected matters, this Court by order dated 16.11.2016 had made certain observations. It was observed that at this juncture, this Court cannot also pronounce on the validity of the action of the petitioners in expelling the respondents No.3 and 4 in the meeting dated 16.08.2015. Proceeding further, it was observed that in any event the respondent No.2 could not have nullified the same through the notice dated 24.08.2015 merely on the letter said to have been written by respondent No.4 without examining the matter as per law by providing an opportunity. Therefore all the aspects of the matter including the allegation of misappropriation was required to have a denovo consideration by respondent No.2 after duly complying the procedure contemplated in law. This Court therefore directed that the position which existed prior to the order dated 02.12.2015 should be restored and allowed to continue and the competent authority will have to recommence the process from that stage and if need be, do it in expeditious manner. Consequently, the impugned orders/notices dated 24.08.2015, 31.10.2015, 30.12.2014, 06.10.2015 and 02.12.2015 were quashed. Liberty was however reserved to respondents No.1 and 2 to recommence the proceedings relating to the affairs of the respondent No.5 Society from the stage of proceedings under Section 25 of the Karnataka Societies Registration Act on providing opportunity to the concerned parties strictly in accordance with law. All contentions in that regard were kept open. Liberty was also reserved to respondent No.2 to take possession of such documents relating to respondent No.5 society which may be considered as relevant and necessary for the purpose of enquiry, before handing back the affairs. This Court had also observed that the accounts submitted for the year 2012-13 and 2013-14 when the petitioner No.4 therein viz., Sri L.V.Subramanya was the treasurer has been accepted by the annual general body. It was therefore observed that these are all aspects which will have to be taken into onsideration by respondent No.2 when a detailed enquiry is held.
2. Learned Counsel for the petitioners admits that consequent to the directions issued by this Court, the 2nd respondent Assistant Registrar (Administrator) handed over the charge as per the directions issued by this Court on 02.12.2016. Subsequent thereto, the petitioners herein sought to call for a general body meeting on 25.12.2016, for electing the Governing Council. However, it is submitted that the 2nd respondent Assistant Registrar issued an endorsement dated 14.12.2016 holding that the meeting dated 25.12.2016 proposed by the petitioners herein cannot be held. Learned Counsel further submits that the very same respondent No.2 has thereafter permitted the other respondents to go on with a general body meeting on 05.03.2017. It is in the light of these two events that the petitioners have approached this Court.
3. Sri Padmanabha Mahale, learned Senior Counsel appearing for the respondents No.3 to 5 would submit that in any event a general body meeting for electing the Governing Council has to be held as the term of the previous Governing Council has already come to an end. It is therefore submitted by the learned Counsel that the dispute raised now by the petitioners is that if an election is to be held at this stage, it should be held in accordance with the directions that was issued by this Court having regard to the facts and events which were observed by this Court and therefore it was only those persons who were the members of the Society at that stage could participate in the election i.e., as on14.02.2015. On the other hand, it is the contention of the other side that these questions were left open by this Court to be decided by the authorities. According to the learned counsel for the petitioner there were only 23 members who were eligible to participate in the Governing Body. However, due to subsequent event, the respondents have enrolled about 21 persons as members into the Society, illegally without following due procedure. It is therefore contended by the learned counsel for the petitioners that these 21 persons cannot be permitted to participate in the election since they are not authorized members of the Society, in terms of the Bye-law 3 of the Society.
4. Today I.A.No.2/2019 has been filed by the applicants therein seeking impleadment in these writ petitions. It is the contention of the learned counsel for the petitioners that these applicants were not inducted in accordance with law and they cannot be permitted in the process of election.
5. Having heard the learned counsels, including the learned Senior Counsel appearing for the respondents No.3 to 5, this Court is of the opinion that it would suffice if a competent authority were to be appointed as Election Officer and before election is conducted he shall be permitted to look into the records and find out who are the persons who were duly inducted into the Society subsequent to the earlier directions issued by this Court. Since the allegation is made against the Assistant Registrar and Registrar, Davanagere District, this Court would direct the District Registrar of Shimogga to look into the matter and appoint an Officer to conduct the election. The Officer appointed by the District Registrar, Shimogga shall look into the allegations made by the petitioners herein and the documents that may be submitted by the respondents and take a decision to who are the legally inducted members and who are such members who are eligible to participate in the election.
6. With these observations, writ petitions are disposed of. Since these petitions itself are disposed of and no adverse orders were passed against the impleading applicants in I.A.No.2/2019, I.A.No.2.2019 is disposed of along with these petitions. The election of the Governing Council shall be held as expeditiously as possible and at any rate within a period of two months from today. Having regard to the dispute, the Election Officer appointed by the District Registrar shall first go into the question of legitimate members and decide the same within a period of four weeks from today. The parties are directed to co-operate with the Election Officer.
SD/- JUDGE KLY/