IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.15459-460 OF 2019 & 16562 OF 2019 (GM-KSR) C/W WRIT PETITION NOS.14937-938 OF 2019 (GM-RES) W.P NOS.15459-460 OF 2019 & 16562 OF 2019 BETWEEN:
1. SRI.N.S. RANGASWAMY S/O LATE SIDDARANGAIAH, AGED 47 YEARS R/AT NO.168, 7TH MAIN, 6TH PHASE, INDUSTRIAL TOWN, RAJAJINAGAR, BENGALURU-560 010.
2. SRI.T.S.RAJAN S/O LATE T.R.SUBRAMANYAM AGED 57 YEARS R/AT TIRUMALA HOUSE S-36 5TH CROSS, KIRLOSKAR COLONY 3RD STAGE, 4TH BLOCK, BASAVESHWARANAGAR BENGALURU-560 079.
3. SRI.MANI ARUSU M PETHI S/O LATE T.R.MUTHU SELVAM AGED 60 YEARS R/AT NO.1147/D, 18TH B MAIN ROAD, 5TH BLOCK, RAJAJINAGAR, BENGLAURU-560 010.
(BY MR.K B MONESH KUMAR, ADV. FOR MR.GNANESHA N I, ADV.) … PETITIONERS AND:
1. ROYAL SPORTS & CULTURAL ASSOCIATION NO.475/476/477, R T TOWER 3RD FLOOR, 1ST STAGE WEST OF CHORD ROAD BASAVESHWARANAGAR BENGALURU-560 079 REP. BY ITS PRESIDENT SRI.C.ERANNA S/O CHIKAVEERANNA AGED ABOUT 65 YEARS.
2. B.K.PRASANNA S/O KRISHNAPPA B N AGED ABOUT 64 YEARS THE SECRETARY OF ROYAL SPORTS & CULTURAL ASSOCIATION NO.475/476/477, R.T.TOWER 3RD FLOOR, 1ST STAGE, WEST OF CHORD ROAD, BASAVESHWARANAGAR, BENGALURU-560 079.
3. J.KESHAVAMURTHY S/O JAYARAMMAN THE TREASURER ROYAL SPORTS & CULTURAL ASSOCIATION NO.475/476/477, R.T.TOWER 3RD FLOOR, 1ST STAGE, WEST OF CHORD ROAD, BASAVESHWARANAGAR BENGALURU-560 079.
4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD, BENGALURU-560 001.
5. THE DISTRICT REGISTRAR OF SOCIETIES BENGALURU NORTH DIVISION BENGALURU – 560 010.
… RESPONDENTS (BY MR.A MOHAMMED TAHIR, ADV. FOR R1-3(ABSENT) MR.V SHIVAREDDY, HCGP FOR R4 R4 - SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 AND 5 TO PREVENT THE AD-HOC MANAGEMENT COMMITTEE OF THE R-1 INCLUDING R-2 AND 3 HEREIN FROM TRAVELLING ABROAD ON FOREIGN TRIP OUT OF THE R-1 ASSOCIATION FUNDS; AND ETC.
WRIT PETITION NOS.14937-938 OF 2019 BETWEEN:
1. M/S ROYAL SPORTS AND CULTURAL ASSOCIATION NO.475/276/477, R.K.TOWER, 3RD FLOOR, 1ST STAGE, 6TH PHASE, WOC ROAD, BASAVESHWARNAGAR, BANGALORE - 560 079 REPRESENTED BY ITS PRESIDENT SRI. C. ERRANNA 2. J. KESHAV MURTHY S/O P D JAYARAM AGED ABOUT 50 YEARS, TREASURER ROYAL SPORTS AND CULTURAL ASSOCIATION NO.475/276/477, R.K.TOWER, 3RD FLOOR, 1ST STAGE, 6TH PHASE, WOC ROAD, BASAVESHWARNAGAR, BANGALORE - 560 079.
…PETITIONERS (By SRI.VARUN JAYAKUMAR PATIL, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE SOCIEITES, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001 REP BY ITS SECRETARY.
2. THE DISTRICT REGISTRAR 1ST DIVISION, NO.146, SAHAKARI SOUDHA, 3RD CROSS, MALLESWARAM BENGALURU - 560 063.
3. H T NAGARAJ S/O NOT KNOWN TO PETITIONER AGED MAJOR NO.638, 15TH A CROSS, 1ST FLOOR, 11TH STAGE, WEST OF CHORD ROAD MAHALAKSHMIPURAM BANGALORE - 560 086.
(BY SRI.V SHIVAREDDY, HCGP FOR R1 & 2, SRI.K B MONESH KUMAR, ADV. FOR SRI.GNANESHA N I, ADV. FOR R3) - - -
…RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 11.03.2019 VIDE ANNEXURE-C PASSED BY THE R-2; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The writ petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioner inter alia has prayed for the following reliefs:
(a) Issue a Writ of mandamus or any other writ, order or direction directing the respondent Nos.4 and 5 to prevent the adhoc Managing Committee of the 1st re association funds in the interest of justice and equity.
(b) Issue a writ of mandamus or any other writ, order or direction directing the respondent No.4 and 5 to implement the enquiry report produced at Annexure-G in the interest of justice and equity.
3. When the matters were taken up today, learned counsel for the petitioner submitted that the relief (a) claimed in the petition does not survive for consideration. It is further submitted that Registrar of Societies has conducted an enquiry and has submitted an enquiry report contained in Annexure-G. However, no action is taken by the State Government on the report submitted by the Enquiry Officer and the State Government be directed to take action on the enquiry report submitted by the petitioner under Section 27A of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as 'the Act' for short). It is further submitted that the Adhoc Managing Committee of the Society is holding the election on 11.08.2019. On the other hand, learned High Court Government Pleader submits that suitable action on enquiry report shall be taken by the State Government. Learned counsel for respondent No.1 submits that he has no instructions with regard to the date of the elections.
4. Be that as it may, in fact situation of the case, I deem it appropriate to direct the State Government to take an action on the enquiry report, which has been submitted by the Deputy Registrar of the Society before the State Government in exercise of powers under Section 27A of the Act and to pass appropriate orders in accordance with law after affording an opportunity of hearing to the parties. The parties undertake to appear before the competent authority on 19.08.2019. Thereafter, the competent authority after hearing the parties shall pass an order within a period of two weeks therefrom. Till decision is taken by the competent authority on the enquiry report, the elections, if any, which are being conducted by the outgoing managing committee shall be kept in abeyance. It is made clear that this court has not expressed any opinion on the merits of the case.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE SS