Karnataka High Court
B N Ananda vs The State Of Karnataka on 4 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:25386
WP No. 17519 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 17519 OF 2024 (GM-KSR)
BETWEEN:
B N ANANDA
S/O. K. C. NARASIMAIAH,
AGED ABOUT 76 YEARS,
1971 (ELECTRICITY DIVISION),
ASSOCIATION MEMBER,
NO. 30, VRISHABA, ASTAGRAMA BADAVANE,
MAGADI ROAD CROSS,
BENGALURU - 560 079.
SENIOR CITIZENSHIP BENEFIT NOT CLAIMED.
...PETITIONER
(BY SRI. A V AMARNATHAN, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
VIDHANA SOUDHA,
VIDHANA VEEDI, BENGALURU - 560 001.
(REP. BY ITS CHIEF SECRETARY)
Digitally
signed by
Vandana S 2. THE DEPARTMENT OF CO-OPERATIVE SOCIETIES
M.S. BUILDING,
Location:
HIGH COURT BENGALURU - 560 001.
OF (REP. BY ITS ADDITIONAL CHIEF SECRETARY).
KARNATAKA
3. THE DISTRICT REGISTRAR/
DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES
SAHAKARA SOUDHA, 4TH CIRCLE, 3RD MAIN ROAD,
8TH CROSS, MARGOSA ROAD,
MALLESHWARAM, BENGALURU - 560 003.
4. CO-OPERATIVE DEVELOPMENT OFFICER/
ENQUIRY OFFICER
OFFICE OF DEPUTY REGISTRAR OF
CO OPERATIVE SOCIETIES,
4TH CIRCLE, 3RD MAIN ROAD,
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NC: 2024:KHC:25386
WP No. 17519 of 2024
8TH CROSS, MARGOSA ROAD,
MALLESHWARAM, BENGALURU - 560 003.
5. ALUMINI ASSOCIATION OF UNIVERSITY
VISHVESHWARAYYA COLLEGE OF ENGINEERING
SILVER JUBILEE BUILDING POST OFFICE ROAD,
K.R. CIRCLE, BENGALURU - 560 001.
(REP. BY ITS SECRETARY)
REGISTERED UNDER THE KARNATAKA
SOCIETIES REGISTRATION ACT,1960.
...RESPONDENTS
(BY SRI. N B PATIL, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SPECIAL
GENERAL MEETING AND ANNUAL GENERAL MEETING HELD ON
22.06.2024 BY R-5 AS PER ANNEXURE - C, D AND E AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner seeks the following reliefs:
"a) setting aside the Special General meeting and Annual General Meeting held on 22.6.2024 by 5th respondent as per Annexures-C, D and E.
b) set aside the amendments carried out to the bylaws of the 5th respondent association which is against the Karnataka Societies Registration Act, Annexure-E, agenda placed before the Special General Body Meeting.
c) Pass such other orders as this Hon'ble Court may deems fit in the facts and circumstances of the case, in the interest of equity and justice."-3-
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2. Heard learned counsel for the petitioner and learned AGA for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the order dated 27.02.2024 passed in W.P.No.932/2023 in order to contend that pursuant to the said order, the petitioner, who was arrayed as respondent No.4 in the said petition submitted a representation at Annexure-B dated 17.05.2024, which has not been considered by respondent Nos.1 to 4, even till today and as such, the petitioner is before this Court by way of the present petition.
4. A perusal of the order passed by this Court in the case of The Alumini Association of the University Visvesvaraya College of Engineering Vs. The State of Karnataka and others - W.P.No.932/2023 dated 27.02.2024, will indicate as under:
"In the light of the afore-quoted judgment and unequivocal facts narrated hereinabove, the petition deserves to succeed as the act of the Registrar is wholly without jurisdiction.
12. Learned counsel for respondent No.4 submits that the election is ensuing, as the term is now getting over. Therefore, if respondent No.4 has any grievance, it is open for him to vent out the same before the State by submitting a representation and on such representation -4- NC: 2024:KHC:25386 WP No. 17519 of 2024 being made, the State shall consider and pass appropriate orders, in accordance with law.
13. For the aforesaid reasons, the following:
ORDER a. The writ petition is allowed. b. The enquiry report of respondent No.3 dated 02.03.2022, the communication dated 14.12.2022 of respondent No.2 and notice dated 23.12.2022, stands quashed.
c. Respondent No.4 is at liberty to vent out his grievance by way of a representation to the State, if any, with regard to the functioning of the petitioner and the State shall consider the same in accordance with law."
5. It is the matter on record that pursuant to the aforesaid order, respondent Nos.3 and 4 submitted a representation, which has not been considered, even till today.
6. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition directing the concerned respondents to consider the representation to be submitted by the petitioner and take appropriate decision/pass appropriate orders on the same, within a period of three weeks from the date of receipt of a copy of this order.
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7. With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/-
JUDGE BMC List No.: 1 Sl No.: 71