IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NOs.53728/2017 & 53750-53754/2017(GM-KSR) C/W W.P.NOs.52222/2017 & 52655/2017(CS-EL/M) IN W.P.NOs. 53728/2017 & 53750-53754/2017: BETWEEN:
1. SRI. B.S. LAKSHMIPATHY S/O LATE B. SRINIVASAIAH AGED ABOUT 62 YEARS R/A: NO.667, 11TH CROSS 7TH BLOCK, WEST JAYANAGAR BANGALORE – 560 082.
2. B. MUNIRAJU S/O M. BALAPPA AGED ABOUT 59 YEARS R/A: NO.20, SRI. KRISHNA NILAYA DIVANARA PALYA GOKULA EXTENSION BENGALURU – 560 054.
3. RAMESH M S/O MUNIYAPPA AGED ABOUT 50 YEARS R/A: NO.56/2, DODDABYALAKERE SHIVAKOTE POST HESARAGHATTA HOBLI BENGALURU – 560 089.
4. D.M. NAGARAJ S/O LATE M. MUNISWAMAPPA AGED ABOUT 60 YEARS R/A: NO.14/3, “NANDAGOKULA”
8TH CROSS, DIWANARA PALYA GOKULA (P) BANGALORE – 560 054.
5. K. ASHWATHAPPA S/O LATE N. KRISHNAPPA AGED ABOUT 62 YEARS R/A: 154/20, 13TH “B” MAIN ROAD GOKULA 1ST STAGE, 1ST PHASE BANGALORE – 560 054.
6. M. GANGADHAR S/O LATE MUNINASIMAHAIAH AGED ABOUT 50 YEARS R/A: DEVISHETTAHALLI DODDAMARULI POST NAND HOBLI CHIKKABALLAPUR – 562 101.
... PETITIONERS (BY SRI. D.R. RAVISHANKAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU – 560 001 BY ITS SECRETARY.
2. DISTRICT REGISTRAR 4TH BLOCK, BENGALURU DISTRICT 8TH FLOOR, KHB BHAAN K.G. ROAD, BENGALURU – 560 001.
3. KARNATAKA STATE YADAVA SANGHA (R) NO.12/2, YADAVA COLLEGE ROAD MADHAVANAGARA BENGALURU - 560 001 REPT. BY ITS SECRETARY.
4. ASST REGISTRAR 4TH BLOCK, BENGALURU DISTIRCT 8TH FLOOR, KHB BHAVANA CAUVERY BHAVANA K.G. ROAD BENGALURU - 560 001.
5. RETURNING OFICER KARNATAKA STATE YADAVA SANGHA (R) NO.12/2, YADAVA COLLEGE ROAD MADHAVANAGARA BENGALURU - 560 001.
... RESPONDENTS (BY SRI. Y.D. HARSHA, AGA FOR R-1, R-2, R-4 & R-5) THESE W.Ps. ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANENX-H THE ORDERS PASSED BY THE R-1 DATED.23.11.2017, TO THE W.P. GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF ORDERS VIDE ANNEX-H PASSED BY THE R-1 DATED.23.11.2017 AND CONSEQUENTLY RESTRAIN THE R-4 FROM TAKING CHARGE OF THE MANAGEMENT OF THE R-3 SANGHA.
IN W.P.NOs. 52222/2017 & 52655/2017: BETWEEN:
1. SRI. DR. D.A. ANIL LAKSHMINARAYAN S/O ARASAPPA AGED ABOUT 60 YEARS RESIDING AT NO.C-23, 7TH MAIN 19TH CROSS, OPP. CHURCH BTM 2ND STAGE BENGALURU – 560 078.
VICE-PRESIDENT/MEMBER OF KARNATAKA RAJYA GOLLA (YADAVA)SANGA® MADAVA NAGAR BENGALURU – 560 001.
2. SRI. A CHANDRA SEKARA S/O LATE V. ADIKESAVALU RESIDING AT : NO.15/2 MS COMPLEX MAGADI MAIN ROAD NEAR TOLL GATE BENGALURU – 560 023.
MEMBER OF KARNATAKA RAJYA GOLLA (YADAVA)SANGA® MADAVA NAGAR BENGALURU – 560 001.
... PETITIONERS (BY SRI. R.P. SOMASHEKHARAIAH, ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE REP. BY ITS SECRETARY M.S. BUILDING BANGALORE – 560 001.
2. THE REGISTRAR OF CO-OPERTIVE SOCIETIES MARGOSA ROAD SAHAKR SOUDHA BLDG. MALLESHWARAM BENGALURU – 560 003 BANGALORE.
3. THE DIST. REGISTRAR DVN. NO.4, CO-OPERTIVE SOCIETIES BENGALURU URBAN DIST KAVERI BHAVAN K.G. ROAD, BENGALURU – 560 001.
4. THE ELECTION OFFICER KARNATAKA RAJYA GOLLA (YADAVA) SANGA (R) NO.12/2, YADAVA COLLEGE ROAD MADAVA NAGAR BENGALURU – 560 001.
5. THE GENERAL SECRETARY KARNATAKA RAJYA GOLLA (YADAVA) SANGA(R) NO.12/2, YADAVA COLLEGE ROAD MADAVA NAGAR BENGALURU – 560 001.
... RESPONDENTS (BY SRI. Y.D. HARSHA, AGA FOR R-4) THESE W.Ps. ARE FILED UNDER ARTICLES 226V AND 227 OF THE CONTITUTION OF INDIA PRAYING TO QUASH THE ELECTION NOTICE WHICH IS SCHEDULE TO BE HELD ON 03.12.2017 TO THE KARNATAKA RAJYA GOLLA (YADAVA) SANGHA (R), MADAVA NAGARA, BENGALURU AS PER ELECTION NOTICE DATED:30.10.2017 AT ANNEX-E.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Though matter is listed for orders, by consent of learned Advocates appearing for parties, it is taken up for final disposal.
2. In W.P.Nos.53728/2017 & 53750-
54/2017, petitioners have sought for quashing of order dated 23.11.2017 passed by first respondent (Annexure-H) whereunder appropriate Government in exercise of the power vested under Section 27A of the Karnataka Societies Registration Act, 1960 (for short ‘Act’) has appointed an Administrator to manage, control and administer third respondent – Sangha. In W.P.Nos.52222/2017 & 52655/2017, petitioners have sought for quashing of the meeting notice dated 03.12.2017 (Annexure-E) whereunder General Body Meeting of fourth respondent – Sangha has been called for to discuss agendas indicated therein including holding of election to Sangha.
3. On the basis of an enquiry said to have been conducted under Section 25 of the Act, third respondent passed on order dated 14.07.2017 vide Annexure-A directing Sangha to audit the accounts for the year 2016-17 and to conduct election within a period two months. On account of election not being conducted by Sangha, third respondent by communication dated 12.10.2017 addressed to the Government, recommended for appointment of an administrator to the Sangha. In the meanwhile, fifth respondent – Sangha issued election notice without auditing the accounts and therefore for quashing of said meeting notice, said writ petitions have been filed.
3. It is the grievance of the petitioners that Sangha had admitted new members. Though process of appointment of administrator has been set in, explanation had been called for and even before steps could be taken by the appropriate Government in that regard, election came to be called for by fixing the same on 03.12.2017.
4. Records on hand as rightly pointed out by the Government Advocate would disclose that pursuant to the notification requisitioning conduct of election, calendar of events came to be announced and as against 40 posts which was required to be filled up by election, 28 candidates under different categories were elected unopposed on 28.11.2017; for the remaining posts, election was due to be held on 03.12.2017 and during this interregnum period i.e., on 23.11.2017, an administrator came to be appointed by the impugned order – Annexure-H initially for a period of six months and it has been extended from time to time. As could be seen from the order appointing the administrator, appropriate Government has assigned the reason that accounts for the period 2011-12 to 2016-17 has not been submitted within the stipulated time and not conducting the General Body/election to the Sangha from time to time as a ground for appointment of administrator. Whereas, Sangha in its reply to the enquiry report submitted under Section 25 of the Act has asserted that accounts have been submitted and reasons have been assigned for non-conducting of the election.
5. The fact remains that administrator has been appointed to the institution namely, Sangha for the past two years. Said administrator has been incharge of the said institution and as on date, there is no order extending the tenure of the administrator. Though, learned Government Advocate would submit that such requisition for extension is sought for and it is at the stage of approval by the appropriate Government, the fact remains that institution which is to be democratically administered cannot be in the hands of an administrator for an unlimited period. It is for the general body of the members to elect amongst themselves the managing committee and the office bearers as provided under the bye-laws.
6. It also requires to be noticed that process of election which had commenced by issuance of calendar of events and as already observed hereinabove, 28 candidates have got elected unopposed in their notified constituencies and election to the remaining seats were to be held on 03.12.2017 and same could not take place on account of appointment of administrator on 23.11.2017.
7. In the light of administrator having been appointed and continued from time to time, which cannot be continued for eternity as discussed hereinabove, it would be just and appropriate to direct the administrator who is now in-charge of affairs of Sangha to complete process of election from the stage where it was stopped and to announce the results by extending the period as stipulated in original calendar of events by fixing fresh date of election and said exercise shall be undertaken and completed expeditiously, at any rate, within a period of two months from today.
It is also made clear that administrator immediately after declaring the results of election to the Sangha, shall handover the charge to the newly elected body. Ordered accordingly.
Writ petitions stand disposed of accordingly.
SD/- JUDGE *sp/LB