IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA W.P.Nos.5533-5536 OF 2019 (CS-EL/M) BETWEEN:
1. NARASIMHAMURTHY N S/O LATE NARASANNA, AGED ABOUT 62 YEARS, R/AT NO.104, 2ND FLOOR, 3RD CROSS, KASTURINAGARA, KALYANNAGARA POST, BENGALURU – 560043.
2. RAMANNA K S/O. KAMBAIAH, AGED ABOUT 60 YEARS, R/AT NO.472, ‘ABHIGNANA’, C.Q.A.L.LAYOUT, SAHAKARANAGAR, BENGALURU – 560092.
3. RAMAKRISHNA C S/O. LATE CHENNAIAH, AGED ABOUT 54 YEARS, R/AT NO.200, 7TH CROSS, SHASTRINAGARA, BENGALURU – 560028.
4. JAYANNA C S/O LATE CHENNAIAH, AGED ABOUT 59 YEARS, R/AT NO.1011, 10TH MAIN ROAD, AVALAHALLI MAIN ROAD, RAGHAVENDRA BLOCK, SRINAGARA, BENGALURU – 560 050. …PETITIONERS (BY SRI DEVI PRASAD SHETTY, ADVOCATE) AND:
1. JOINT REGISTRAR OF CO-OPERATIVE SOCITIES SAHAKARA SOWDHA, MALLESHWARAM, BENGALURU – 560032.
2. KARNATAKA LEGISLATURE SECRETARIAT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., HAVING ITS REGISTERED OFFICE AT ROOM NO.216/A, 2ND FLOOR, VIDHANA SOUDHA, BENGALURU – 560 001. REP. BY ITS SECRETARY …RESPONDENTS (BY SRI A.K.VASANTH, GOVT. ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.09.2017 PRODUCED AT ANNEXURES-C, C1, C2 AND C3 IN LETTER PASSED BY R-2 AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners herein are impugning the order dated 26.09.2017 passed by the second respondent in disqualifying the petitioners from primary membership of second respondent-Society. While impugning the said order there is another prayer seeking direction to first respondent before whom the petitioners had challenged the order passed by second respondent by raising a dispute in dispute No.JRD/50/17-18 which is said to be still pending and it is also stated that an application is also filed in the said proceedings on 03.04.2018 seeking certain interim orders.
2. The grievance of the petitioners herein is that the order of removing the petitioners from primary membership of second respondent-society was passed in a General Body Meeting of second respondent-society which was held on 23.09.2017. According to them notice of the General Body Meeting was given on 04.09.2017, in which the business of considering the removal of petitioners herein from primary membership of second respondent-society has not been shown as one of the subject to be considered in the said meeting held on 23.09.2017. Therefore, the decision which was taken in the said General Body Meeting is without giving sufficient notice to the members and the same is not sustainable, is the contention of the petitioners.
3. Admittedly, the General Body Meeting dated 23.09.2017 was held in the presence of all the members of the Society and it is the highest level of body, which can take any policy decision in the said meeting with reference to the Management and Affairs of the society. Admittedly, in the notice dated 04.09.2017, it was indicated at Sl.No.11 of the agenda of the meeting that any other subject can be considered with the approval of the President of the meeting. The subject matter of these writ petitions is taken up for consideration in the said meeting under that head. This Court is of the considered opinion that the President is at liberty to permit any of its members of the society to raise any subject in General Body meeting for deliberation, that being the Statutory Board which has the power to decide any of the subject deliberated in the said meeting.
4. Therefore, the decision taken in the General Body Meeting cannot be subject to challenge in this proceedings. Hence, the question of considering the correctness or otherwise the decision taken in the said meeting vide Annexures – C1, C2 and C3, cannot be the subject matter of these writ petitions and the same is required to be rejected. However, with reference to the prayer for issue of mandamus to first respondent is concerned, liberty is reserved to the petitioners to move the same before the first respondent and the same shall be considered and decided at the earliest.
With aforesaid observations, these writ petitions are disposed of.
Sd/- JUDGE HJ