IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NOs.44515/2018 & 45792-45793/2018 (CS-RES) BETWEEN:
1 . SRI. B. ABDUL ALEEM AGED ABOUT 67 YEARS S/O B. MAHAMMED HUSSAIN SECRETARY, ISLAMI BAITUL MALL SOCIETY BANGARAPETE – 563 114.
2 . SRI. MAHAMMAD ISMAIL AGED ABOUT 61 YEARS S/O ABDUL HAZEEZ K DIRECTOR, ISLAMI BAITUL MALL SOCIETY BANGARAPETE – 563 114.
3 . SRI. G. AYUB KHAN AGED ABOUT 58 YEARS S/O LATE G. GHOUSE KHAN DIRECTOR, ISLAMI BAITUL MALL SOCIETY BANGARAPETE – 563 114.
...PETITIONERS (BY SRI. RAJENDRA KUMAR SUNGAY T.P, ADVOCATE) AND:
1 . THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, BANGALORE - 560 001 BY ITS PRINCIPAL SECRETARY.
2 . THE DISTRICT REGISTRAR OF FIRMS & SOCIETIES KOLAR DISTRICT, KOLAR - 563 101.
3 . THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES & REGISTRAR OF SOCIETIES KOLAR DISTRICT, DISTRICT CO-OPERATION UNION BUILDING, FIRST FLOOR NEAR DCC BAN, KOLAR – 563 101.
4 . ISLAMI BAITUL MALL DR. B.R. AMBEDKAR ROAD BANGARPETE - 563 114 KOLAR DISTRICT REP. BY ITS PRESIDENT.
5. SRI. SHAIK MAZHAR PASHA AGED ABOUT 33 YEARS S/O LATE K..B. ASGAR PASHA NO.4393, MASJID-E-QUBA ROAD TIPPUNAGAR, BANGARAPET – 563 114.
6. SRI. SYED SHABBIR AHMED AGED ABOUT 30 YEARS S/O SYED ISMAIL DOOR NO.32401, HIDAYATHULLA LAYOUT, DR. B.R. AMBEDKAR ROAD TIPPUNAGAR, BANGARAPET – 563 114.
7. SRI. SYED ABDUL KHADER AGED ABOUT 64 YEARS S/O SYED ABDUL GAFFAR NEAR GIG SCHOOL, KHADER LAYOUT, BANGARAPET – 563 114.
8. SRI. SYED KHALID AHMED AGED ABOUT 61 YEARS S/O LATE B. SYED ZAHEER AHMED PASHA VICE-PRESIDENT ISLAMI BAITUL MALL DR. B.R. AMBEDKAR ROAD BANPARPET TOWN BANGARPET TALUK KOLAR DISTRICT.
…RESPONDENTS (BY SMT. H.C. KAVITHA, HCGP FOR R-1 TO R-3; SRI. SHAKEEL ABDUL REHMAN, ADV., FOR R-4; SMT. KUMARI M. ADV., FOR R-5 TO R-7;
SRI. K.J. JAGADISH, ADV., SRI.G.PAPI REDDY, ADV., FOR IMPLEADING APPLICANTS) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.2 & 3 TO RECOMMEND THE 1ST RESPONDENT FOR APPOINTMENT OF AN ADMINISTRATOR TO THE 4TH RESPONDENT ASSOCIATION UNDER THE PROVISIONS OF THE SOCIETIES REGISTRATION ACT AND THE RULES MADE THEREUNDER TO MANAGE THE AFFAIRS OF THE ASSOCIATION UNDER THE PROVISIONS OF THE SOCIETIES REGISTRATION ACT AND THE RULES MADE THEREUNDER TO MANAGE THE AFFAIRS OF THE ASSOCIATION AND TO HOLD GENERAL BODY MEETING AND ELECT NEW MANAGING COMMITTEE OF THE 4TH RESPONDENT ASSOCIATION FORTHWITH BY CONSIDERING THE REPRESENTATIONS DATED:24.07.2018 VIDE ANNEXURE-L AND M SUBMITTED BY THE PETITIONERS.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Rajendra Kumar Sungay, learned counsel appearing for petitioners, Smt.H.C.Kavitha, learned HCGP appearing for respondent Nos.1 to 3 and Sri.K.J.Jagadish, learned counsel appearing on behalf of Sri.G.Papi Reddy for respondent No.8. Perused the case papers.
2. The sum and substance of grievance raised by petitioners in these petitions relates to alleged mismanagement of fourth respondent – institution, which is a society registered under the Mysore Societies Registration Act, 1904, which Act since has been repealed by Act 17 of 1960 and as such fourth respondent – institution is said to be governed by Karnataka Societies Registration Act, 1960. It is alleged that President of fourth respondent-Society had committed several illegalities like not holding meetings, fabricating decisions of the Committee, not conducting General Body meetings, illegally removing the Directors/ Secretaries without any notice and inclusion of members and the like, to his whims and fancies without following due procedure prescribed under the Act and Rules made thereunder and as such representation came to be submitted by first respondent to second respondent on 19.01.2018 with a prayer not to renew the permission granted to fourth respondent – institution.
3. It is further contended in the present writ petitions that a detailed objection was filed on 24.01.2018-Annexure-C to the proposal submitted by fourth respondent for renewal of permission to fourth respondent-society and they had also sought for a direction being issued by second respondent to fourth respondent to elect new office bearers of fourth respondent-society by holding general body meeting.
4. On the strength of objections filed by petitioners as well as other members, third respondent by communication dated 24.05.2018-Annexure-H has returned the proposal submitted for renewal on the ground that decision taken by fourth respondent-
society is without following due process of law and society has been intimated of action to be taken in accordance with law. Even thereafter steps having not been taken by respondent-authorities namely respondent Nos.1 to 3, petitioners are before this Court seeking for a writ of mandamus to first respondent to appoint an Administrator to fourth respondent – society and they have also sought for further direction being issued to fourth respondent-society to hold general body meeting of members for electing new managing committee by examining the representation dated 24.07.2018-Annexures-L and M respectively.
5. Smt.H.C.Kavitha, learned HCGP appearing for respondent Nos.1 to 3 submits that in the light of representations submitted by petitioners and fourth respondent-society having already been intimated by communication dated 24.05.2018-Annexure-H to act in accordance with law, further steps would be taken by third respondent in accordance with Karnataka Societies Registration Act, 1960.
6. Placing her submission on record, these writ petitions stands disposed of by directing third respondent to examine the claim of petitioner as made out in the representations dated 24.07.2018- Anneuxres-L and M expeditiously and at any rate within two (2) months from the date of receipt of copy of this order. It is made clear that no opinion is expressed with regard to merits of the case.
SD/- JUDGE DR