IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 2"" DAY OF DECEMBER 2010
BEFORE
THE HON'BLE MR. JUSTICE s. ABDUL NAz1r;"r:§{..' ;_. A'
WRIT PETITION NQ21949/2010(cs--EL.,/m._'*V.T.:: _ Z
BETWEEN:
1. Venkatesh. R
S/0. Ramaiah
Aged about 59 years
R/0. 15, 8'1"' Main RO_ad_
Vasanth Nagar ~
Bangalore -- 52
2. Ra'::Jik'um1e1f.;'VS '
S/c')-., Sozéappa'?-~ ~
Agedabout "
R/0. 8 B Cross
NC----1I'iH1H18[ T_emp1'e Road
..Vfasa11t.hnaga:: ¢ V
,. fly' _ . . . . .. '
V _ReVa:_11M1a " " u
_ " /0".' 1.fi1'i:e_ 'iV.[i1"ggann.a
' __Aged_a;1b0_ui 58 yers
'R/0; No.20, Anjaneya Temple Street.
Vasaitth Nagar
~ .TL_Ban}._"§a1o1'e « 52 PETITIONERS
_ {By_VSri';:Deviprasad Sheity, Adm}
AND:
The State of Karnataka
By its Secretary" to Government _
Revenue Department
{Registration & Stamp)
M.S. Building
Bangalore
District Registrar
Bangalore District z
Office of the Registraifof -_
Co~operatiVe Societies P
No.1, Ali Askar Road" B
Bangalore ----!=
'V ;tje.titio1e1 is filed under A1"tie1es 226 and 227 of
the'.Constit.uti'on3' of India praying to direct R-1 and R~2 to
appoint an adrninist.1'ator to R3 forthwith and etc.
B Thisfpetition coming on for preliminary hearing 'B'
B day, the Court made the following-
ORDER
The 31″” respondent is a Society registered unde_rVvt’hc_V
provisions of the Karnataka Societies Registration i it
The petitioners are its rnembers. As per byewla.w–N_o;6 the ”
Society, which is at Annexure-B. elepctionptjo
committee has to be held every’ yea1*.i”y_Si’nce .eie¢’ti¢i;§'”~
were not held to the Society, Sri’:,j’CiopalaV’T2apoe.{i’avt}a1* and
others had filed a writ petition 1.5134]. The
writ petition was allowed District
Registrar was dii’ecte_d_’to c_._orr_iplete'”theelection process on or
before Sm1:s.’s’~,-Stlpervision or by appointing any
other qualifiedoffi.c.er.:’attached to his office. This Court
further. .directed_:V Disitrict Registrar to receive the
V’;’:1en1bersl1’ip a-pplicatio’ti”filed by any persons who are eligible
to ‘be_corne._men1b’ers in accordance with bye~laws up to
_a’n.Sd.V_t:herea1l.e1′, to consider their e1.i.gibility’ to vote
‘in the election. Feeling aggrieved by the direction, only in so
fai’_as'”~receiving the rnenlbership application is concerned,
.___'”:the’;Society filed WA. No.47?)/2008. During the pendency of
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the writ appeal, the District Registrar held the election on
31.3.2008. The term of the elected office bearers wasorie.
year as per the bye–1aws, which were in force at
the election. Thus, the term of the managing com_rriVittee”‘.Vasll
from 31.3.2003 to 31.3.2009. Since ‘a.e¢tio’n–
held after 31.3.2009, the petitioners iil.ed’..a rep:1.5esAeritation”ill
before the District Registrar to “the elec_tion,”‘.= ‘i;1vieHbye–
laws of the Society was,_ 13.12.2009 by
increasing the term of the office oflthe committee
to three years.:, approved by the
cornpeterit It is to be noted here
that beforethe aIneridr_r1er1’t*~ into force, the term of office
of the Aemanaglingl eornnii.ttee has come to an end. The
gave yet”””ar1othe1- representation as per
lP_nI’i’e)T;i1r.el¥’K:.t 15.6.2010 to the District Registrar
reqtiesting to hold a fresh election to the managing
lc.or11.m.itteelR;–1s per the amendment: to the bye~Eaw. The
il)_’istrict.,Registrar as per his communicration at Annexure–L
6.7.2010 has directed the 3″” respondent to hold
election in accordance with the amended bye~law. Since the
3rd respondent did not comply with the said directionflthep
petitioners have filed this writ petition seeking the
reliefs:
[a] Issue a writ in the nature
directing the respondent. Nos.i to appoitit «. it
an administrator to th_e”*~.,..respora,dent
forthwith. V’ 2
03) issue a Writ off-.mandlari11ils
directing the respondent ‘l”–tQiE?3l.::l to hold
election to 31¢ C’ of the
respondent ll€io.’8 Society a’s_p’e’rv–.the existing
‘V p
(c] Issue .ot’11e’re..;;ppropriate writ, order or
direction has i+ion:9i;y:é Court deems fit under
tlm. circnlrneitances of the case in the interest of
and eq”1iity’;”‘lV
V * _ he’ai’d the learned Counsel for the parties.
it ‘It.”_’~i.sl’eVlidei1ti from the materials on record that
.pu1~st1a;nt the order of this Court: in WP. No.18134/2007
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disposed of on 20.2.2008, the election to the managing
committee of the Society was held on 3l.3.2008.M
obvious that the term of the office of the
Committee was one year as per the byewlaws i1-!_:’i’orce.”‘
The bye–laws were amended on \>ii’Al”ie’.1:’el:)_’\,V?,V:y’t111V§
tern1 of managing committee oi’, the was yliincyreaseld to
three years from the date of th’e’e«..e:le.ction.V”
does not come to the .respondent;Society
because its term had already 31.3.2009.
That is why, the, Ifiistifict the Society to
hold the election. asl1p’er*.:htsv cornrnunication at A111:1e>s:ure–L
dated “£fhe:.jf3%-%–~._respondent ought to have held
election to the rhanaging committee in accordance with the
.0 0′ “said “ldii’ect.ior1.n Sir1ce'”t.he 3″-‘ respondent has failed to hold
°e_lect:io11._.:”the”i2’;.:2ts”–:..fespondent has to hold election to the
ntanagirlg of the 3″* respondent. Society.
Tltierefore, I direct the 2*” respondent t.o hold the
:e.1e’ctii0_n to the managing committee of the 3″” respondent in
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