IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22487 OF 2017 C/W WRIT PETITION NO.20542 OF 2017 (GM-KSR) WRIT PETITION NO.22487 OF 2017 BETWEEN:
1. PRAJA SAMSTHE RANASINGH PETE (R) NO.118, POORNAVENKATRAO ROAD, RANASINGH PETE, BANGALORE-560 053, REPRESENTED BY ITS SECRETARY.
2. SRI. BALAKRISHNA B N S/O. LATE B. N. NARASINGAPPA, AGED ABOUT 50 YEARS, SECRETARY, PRAJA SAMSTHE RANASINGH PETE (R), NO.118, POORNAVENKATARAO ROAD, RANASINGH PETE, BANGALORE-560 053, RESIDING AT NO.14, CARPENTER BYRAPPA LANE, RANASINGH PETE, BANGALORE-560 053.
3. SRI. H. RAVIKUMAR S/O. LATE HANUMANTHAPPA, AGED ABOUT 49 YEARS, JOINT SECRETARY, PRAJA SAMSTHE RANASINGH PETE (R), NO.118, POORNAVENKATARAO ROAD, RANASINGH PETE, BANGALORE-560 053, RESIDING AT NO.B801, ETA APARTMENTS GARDENS, BINNY STONE GARDEN, MAGADI ROAD, BANGALORE-560 054. … PETITIONERS (By Mr. M P SRIKANTH ADV. FOR Mr. PARTHASARATHI M S ADV,) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.
2. THE REGISTRAR OF SOCIETIES CHAMARAJPET CIRCLE, CO-OPERATIVE BUILDING, RACE COURSE ROAD, BANGALORE-560 001.
3. SRI. N. VENKATESH ADMINISTRATOR, REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, PRAJA SAMSTHE RANASINGH PETE, 2ND CIRCLE, BANGALORE DISTRICT OFFICE, 32, 2ND FLOOR, RACE COURSE ROAD, KARNATAKA STATE CO-OPERATIVE FEDERATION BUILDING, BANGALORE-560 001. … RESPONDENTS (By Mr. V SHIVAREDDY HCGP FOR R1 –R3) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dtd.19.5.2017 passed by the R-1 vide Annex-Y, quash the notice dtd.22.5.2017 issued by the R-2 vide Annex-Z and etc.
WRIT PETITION NO.20542 OF 2017 BETWEEN:
1. PRAJA SAMSTHE RANASINGH PETE (R) NO.118, POORNAVENKATRAO ROAD, RANASINGH PETE, BANGALORE-560 053, REPRESENTED BY ITS SECRETARY.
2. SRI. BALAKRISHNA B N S/O. LATE B. N. NARASINGAPPA, AGED ABOUT 50 YEARS, SECRETARY, PRAJA SAMSTHE RANASINGH PETE (R), NO.118, POORNAVENKATARAO ROAD, RANASINGH PETE, BANGALORE-560 053, RESIDING AT NO.14, CARPENTER BYRAPPA LANE, RANASINGH PETE, BANGALORE-560 053.
3. SRI. H. RAVIKUMAR S/O. LATE HANUMANTHAPPA, AGED ABOUT 49 YEARS, JOINT SECRETARY, PRAJA SAMSTHE RANASINGH PETE (R), NO.118, POORNAVENKATARAO ROAD, RANASINGH PETE, BANGALORE-560 053, RESIDING AT NO.B801, ETA APARTMENTS GARDENS, BINNY STONE GARDEN, MAGADI ROAD, BANGALORE-560 054. … PETITIONERS (By Mr. M P SRIKANTH ADV. FOR Mr. PARTHASARATHI M S ADV,) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.
2. THE REGISTRAR OF SOCIETIES CHAMARAJPET CIRCLE, CO-OPERATIVE BUILDING, RACE COURSE ROAD, BANGALORE-560 001.
3. SRI. N. VENKATESH ADMINISTRATOR, MAJOR, REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, PRAJA SAMSTHE RANASINGH PETE, 2ND CIRCLE, BANGALORE DISTRICT OFFICE, 32, 2ND FLOOR, RACE COURSE ROAD, KARNATAKA STATE CO-OPERATIVE FEDERATION BUILDING, BANGALORE-560 001. … RESPONDENTS (By Mr. V SHIVAREDDY HCGP FOR R1 –R2) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to declare the order dtd:14.7.2016 appointing the Deputy Registrar of Co-operative Societies Bangalore, as an administrator of the society vide Annexure -J and etc.
These Petitions coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.M.P.Srikanth, learned counsel for Sri.Parthasarathi M.S., learned counsel the petitioners.
Sri.V.Shivareddy, learned High Court Government Pleader for the State respondents.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia seek quashment of the orders dated 19.05.2017 and 14.07.2016 passed by the respondent No.1 by which an administrator has been appointed in respect of the petitioner – Society.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the impugned orders are procedurally ultra vires inasmuch as enquiry as envisaged under Section 27A(1) of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as ‘the Act’ for short), was not conducted and without conducting such an enquiry, the impugned orders appointing the administrator have been passed. On the other hand, learned Additional Government Advocate was unable to point out from the record that any enquiry was conducted under Section 27A(1) of the Act before passing the impugned orders.
5. I have considered the submissions made by both the parties. Section 27A(1) reads as under:
“27-A. Appointment of Administrator – Notwithstanding anything in this Act – (1)(a) where any society on account of the pendency of litigation or otherwise has not held or is unable to hold the annual general meeting; or (b) where the term of office of the members of the governing body of a society has expired and a new governing body has not for any reason been constituted; or (c) where on a report made by the Registrar or otherwise, on enquiry, the State Government considers it necessary in public in the Official Gazette, appoint an Administrator for such society for such period, not exceeding six months, as may be specified in the order, to manage the affairs of the society.”
6. From perusal of Section 27A(1), it is evident that the State Government is required to conduct an enquiry before appointment of the Registrar in case of exercising the powers under Section 27A(1)(c) of the Act. Admittedly, the aforesaid exercise has not been undertaken by the respondents before passing the impugned orders. The impugned orders are therefore, quashed and set aside. However, the respondents are granted liberty to take an action against the petitioner in accordance with law expeditiously.
Accordingly, the petitions are disposed of.
7. In view of the disposal of the writ petitions, the pending interlocutory applications do not survive for consideration and are accordingly disposed of.
Sd/- JUDGE RV