IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON’BLE Mr. JUSTICE ALOK ARADHE WRIT PETITION No. 5494/2012 & W.P. Nos. 6633-6635/2012 (GM-KSR) BETWEEN :
1. Sri. B.T. Kumar S/o. late B. Thimmaiah Aged about 70 years R/a. No. 520, 3rd Main Bhavaninagar Bangalore – 560 019 Bangalore city.
2. Sri. B.H. Lokanath S/o. late B.K. Hanumaiah Aged about 55 years R/a. No. 19/2, 5th Cross 9th G Main, Hosahalli Vijayanagar Bangalore – 560 040 Bangalore city.
3. Sri. T.B.R. Boranna S/o. late T.B.R. Raju Aged about 72 years R/a. No. 3, Spencers Road Bangalore – 560 005 Bangalore city.
4. Sri. B.C. Shivaraju S/o. late Chennappa Aged about 65 years R/a. No. 35, S.P. Samaj Road Basavanagudi Bangalore – 560 004 Bangalore city. … PETITIONERS (By Sri. D.R. Ravishankar, Adv.,) AND :
1. The State of Karnataka By its Secretary to the Department of Cooperation Government of Karnataka M.S. Building Bangalore – 560 001 Bangalore city.
2. The Registrar of Cooperative Societies Margosa Road Malleshwaram Bangalore city.
3. Kunchtigere Sri Anjaneyaswamy Devasthana Seva Samithi No. 114, Sri ANjaneyaswamy Temple Kilari Road, Kunchittigere Post Bangalore – 560 053 Bangalore city.
4. Sri. H.R. Mallappa Assistant Registrar of Cooperative Societies Central Gazetted Assistant Joint Registrar of Cooperative Society Bangalore Region Bangalore.
5. Sri. Masti Chandrashekar President R/a. No. 53, Dakshineshwar 10th Main, 1st Phase Ideal Home Township Rajarajeshwarinagar Bangalore – 560 098.
6. Sri. W.P. Shivakumar S/o. W.H. Puttaiah Vice President R/a. No. 30/A, 8th A Main Road Rajamahal Vilas Extension Bangalore – 560 080.
7. Sri. B.R. Srinath Secretary R/a. No. 1, 12th Cross Kilari Road Bangalore – 560 053.
8. Sri. B.M. Parthasarati Joint Secretary R/a. No. 114, 12th Main Binny Layout 1st Stage, Vijayanagar Bangalore – 560 040.
9. Sri. S.T. Sheshagiriyappa S/o. S.M. Thimmarayappa R/a. No. 3, 9th Cross Kilari Road Bangalore – 560 053.
10. Sri. Masti Muddanna S/o. Masti Veeranna R/a. No. 483, 14th Main 2nd Main, W.C. Road 2nd Stage Rajajinagar Mahalakshmipuram Bangalore.
11. Sri. Masti Somashekhar S/o.Masti Veeranna R/a. No. 53, Dakshineshwar 10th Main, 1st Phase Ideal Home Township Rajarajeshwarinagar Bangalore – 560 098.
12. Sri. W.P. Devakumar S/o. W.H. Hanumanthappa R/a. No. 834, 6th Main Road West of Chord Road 2nd Stage Bangalore – 560 086.
13. Sri. T.H. Ramamurthy S/o. T.B. Hanumantharaju R/a. No. 4, Spenser Road Bangalore – 560 005.
14. Sri. Puttarangaswamy Y.P.
R/a. No. 79, Tenginamarada Road 8th Cross, Malleshwaram Bangalore – 560 003.
15. Sri. V. Shekhar S/o. N. Veeraraju R/a. No. 2, 18th Cross R.T. Street Bangalore – 560 053.
16. Sri. K.P. Narasimhamurthy S/o. K.C. Puttanarasaiah R/a. No. 134/A, 2nd Phase Ideal Home Rajarajeshwarinagar Bangalore – 560 059.
17. Sri. W.G. Ramakrishna S/o. W.H. Gopal R/a. No. 20, Nagappa Street Palace Guttahalli Bangalore – 560 003.
18. Sri. T.V. Prabhu S/o. K. Thimmaiah R/a. C/o. Shantala Silk & Sarees Tank Bund Road Bangalore – 560 053.
19. Sri. Narasimhamurthy N S/o. K. Narasimhaiah R/a. No. 35, 11th Cross Temple Road Malleshwaram Bangalore – 560 003.
20. Sri. B.L.N. Swamy S/o. Lakshmanappa R/a. No.48, Hospital Road 8th Cross Bangalore – 560 053.
21. Sri. G. Anand S/o. D.R. Gundaraj R/a. No. 64, 4th Main Road Nehrunagar Bangalore – 560 020.
22. Sri. Y.R. Muralidhar S/o. Y.C. Rajanna R/a. No. 20, Kumara Rao Layout Madhavanagar Bangalore – 560 001.
23. Sri. T.H.R. Rajeev S/o. T.H. Ramamurthy R/a. No. 4, Spenser Road Bangalore – 560 005.
24. Sri. T.H.R. Sanjeev S/o. T.H. Ramamurthy R/a. No. 4, Spenser Road Bangalore – 560 005. … RESPONDENTS (By Smt. Niloufer Akbar, AGA, for R-1 & R-2 Sri. G.F. Hunasikatti Math, Adv., for R-3 and also for proposed R-2 to 6, R-8, R-11 to 19, ABSENT Proposed R-7, R-9, R-10, R-20 & R-21 served and unrepresented V/o dated 15.09.15 petition dismissed against proposed R-1) ---
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, with a prayer to quash the order dated 03.12.2011 passed by respondent No. 2 vide Annexure G and etc.
These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group this day, the Court passed the following;
O R D E R Sri. D.R. Ravishankar, learned counsel for the petitioners.
Smt. Niloufer Akbar, learned AGA for respondent Nos.1 and 2, Sri G.F. Hunasikatti Math, learned counsel for respondent No.3 and also for proposed respondent Nos.2 to 6, 7 and 11 to 19.
2. The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
3. In these petitions the petitioners inter alia are seeking writ of certiorari for quashing the order dated 03.12.2011 passed by respondent No. 2. Petitioners also seek a writ in the nature of mandamus directing respondent No. 1 to exercise powers under Section 27A(1)(a)(b) of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as `the Act’) and to appoint an Administrator to manage the affairs of respondent No. 3 – society.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the elections in respect of office bearers of the society have not been held since 01.04.1990 and therefore, in view of the provisions contained in Section 27-A of the Act, an Administrator be appointed and the elections be held by the Administrator in accordance with law. It is also urged by the learned counsel for the petitioners that after the expiry of the term, the Administrator alone has the authority to hold elections of the society.
5. On the other hand learned Additional Government Advocate submitted that in pursuance of the order dated 03.12.2011 an enquiry has been held and the enquiry report has been submitted on 13.07.2012. She further submits that in case the elections have not already been held, the same shall be held in accordance with law.
6. In view of the submissions made and in the facts of the case, I deem it appropriate to dispose of the writ petitions with a direction to the competent authority of the State Government to take a decision with regard to appointment of an Administrator, if the elected body of the society is not in existence and to conduct the election in accordance with law bearing in mind mandate contained in Sections 11 and 27-A of the Act expeditiously.
7. Accordingly, petitions are disposed of.
LRS.
Sd/- JUDGE.