Karnataka High Court
Sri Muniswamy K vs The State Of Karnataka on 2 December, 2021
Bench: Alok Aradhe, Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER 2021
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR.JUSTICE ANANT RAMANATH HEGDE
W.A. No.518 OF 2020 (GM-KSR)
IN
W.P. No.12131 OF 2019 (GM-KSR)
BETWEEN:
1. SRI. MUNISWAMY .K
S/O LATE KRISHNAPPA
DIRECTOR OF KUMBARA SANGHA
AGED ABOUT 52 YEARS
R/O NO.2708, 7TH A MAIN ROAD
RPC LAYOUT, VIJAYANAGARA 2ND STAGE
BENGALURU-560040.
2. SRI. S.K. NAGARAJU
S/O KONDAPPA
DIRECTOR OF KUMBARA SANGHA
AGED ABOUT 53 YEARS
R/O NO.288/A, 2ND FLOOR
GURURAJA LAYOUT, VIDYAPEETA MAIN ROAD
BANASHANKARI 1ST STAGE
BENGALURU-560085.
3. SRI. G. RAMAPPA
S/O GOVINDAPPA
DIRECTOR OF KUMBARA SANGHA
AGED ABOUT 59 YEARS
R/O NO.642, PUTTAPPANA GUDI BEEDI
CHANNARAYAPATNA ROAD
DEVANAHALLI TOWN 562110
BENGALURU RURAL DISTRICT.
2
4. SMT. NANDINI .S
W/O SATISH
DIRECTOR OF KUMBARA SANGHA
AGED ABOUT 32 YEARS
R/O NO.115/B, 2ND CROSS
2ND MAIN, BAPUJINAGARA
BENGALURU-560026.
5. SRI. RAMESH S/O RAMASHETTY
DIRECTOR OF KUMBARA SANGHA
AGED ABOUT 40 YEARS
R/O NO.3, 15/1, GANGAMMA TEMPLE ROAD
VIDYAPEETA MAIN ROAD
BANASHANKARI 1ST STAGE
BENGALORE-560091.
... APPELLANTS
(BY MR. JAI PRAKASH REDDY .M, ADV.,)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO-OPERATION
M.S. BUILDING, DR. AMBEDKAR VEEDHI
BANGALORE-560001
BY ITS SECRETARY.
2. THE REGISTRAR OF SOCIETIES
AND DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES, BENGALURU URBAN DISTRICT
ZONE-II, NO.146, SAHAKARA SOUDHA
3RD MAIN ROAD, 8TH CROSS
MARGOSA ROAD, MALLESHWARAM
BENGALURU-560003.
3. THE ADMINISTRATOR KUMBARARA SANGHA AND
REGISTRAR OF SOCIETIES ZONE II
BENGALURU URBAN DISTRICT
NO.146, SAHAKARA SOUDHA
3RD MAIN ROAD, 8TH CROSS
MARGOSA ROAD, MALLESHWARAM
BENGALURU-560003.
3
4. SRI. S. GOVINDA S/O SHRIRAMAPPA
DIRECTOR KUMBARA SANGHA
AGED ABOUT 45 YEARS
R/O NO.5, 12TH B CROSS
AGRAHARADASARAHALLI, MAGADI ROAD
BENGALURU-560079.
5. SRI. NAGESH N
S/O NANJUNDASHETTY
DIRECTOR OF KUMBARA SANGHA
AGED ABOUT 40 YEARS
R/O NO.15, MALE MAHADESHWARA NILAYA
4TH CROSS, 4TH MAIN ROAD
BASAVESHWARA LAYOUT
NAGASHETTYHALLI, BENGALURU-560094.
6. SRI. SRIKANTA S/O MADA SHETTY
DIRECTOR OF KUMBARA SANGHA
AGED ABOUT 42 YEARS
R/O BEHIND SIDDAMALLAPPA COMPLEX
AMRUTHAHALLI MAIN ROAD
YELAHANKA ROAD, BYATARAYANAPURA
BENGALURU-560092.
7. SRI. B.N. RAJU S/O NARAYANAPPA
DIRECTOR KUMBARA SANGHA
AGED ABOUT 52 YEARS
R/O NO.26, SHRI MUNIVENKATESHWARA NILAYA
4TH CROSS, 3RD MAIN ROAD
MALLESHPALYA, BENGALURU-560075.
8. SRI. CHANDRASHEKAR .R
S/O RAMAIAH
DIRECTOR OF KUMBARA SANGHA
AGED ABOUT 34 YEARS
R/O NO.95, 7TH CROSS, 1ST MAIN ROAD
DODDANNA LAYOUT, ANDRAHALLI
BENGALURU-560091.
9. SRI. K. MUNIRAJU S S/O KRISHNAPPA
DIRECTOR OF KUMBARA SANGHA
AGED ABOUT 42 YEARS
R/O NO.135, KUMBARA BEEDI
4
MARASANDRA, BENGALURU NORTH TALUK
BENGALURU-560063.
10. SRI. A. SHIVA KUMAR
S/O D.K. AMARENDRA
DIRECTOR OF KUMBARA SANGHA
AGED ABOUT 31 YEARS
R/O NO.24/1, 2ND MAIN ROAD
3RD CROSS, AZADNAGARA, CHAMARAJAPETE
BENGALURU-560018.
11. SRI. P. MUNIRAJU @ BABU
S/O S.K. PILAPPA
DIRECTOR OF KUMBARA SANGHA
AGED ABOUT 37 YEARS
R/O. NO.230/A, 2ND MAIN, 2ND CROSS
MARUTHINAGARA, BAPUJINAGARA
BENGALURU-560026.
12. SRI. B.G. MAHESH
S/O D.K. GOPAL
DIRECTOR OF KUMBARA SANGHA
AGED ABOUT 41 YEARS
R/O. NO.515, 5TH MAIN ROAD
BYATARAYANAPURA NEW LAY OUT
AVALAHALLI, BENGALURU-560026.
13. SRI. D. NAGARAJU
S/O DASAPPA
DIRECTOR OF KUMBARA SANGHA
AGED ABOUT 48 YEARS
R/O. NO.22, NAGAMMA NILAYA
7TH MAIN ROAD, SRICHAKRANAGARA
ANDRAHALLI, BENGALURU-560091.
14. KUMBARA SANGHA (R)
NO.13, KALASIPALYAM NEW EXTENSION
BENGALURU-560002
BY ITS SECRETARY.
15. SRI. A.C. NANJA REDDY
ELECTION OFFICER
NO.13, KALASIPALYA NEW EXTENSION
5
BENGALURU-560002.
16. R. SRINIVAS S/O P. RAMIAH
AGED ABOUT 61 YEARS
R/O NO.9, 1ST A MAIN ROAD
5TH CROSS, MARUTHINAGAR
NAGARABHAVI MAIN ROAD
BENGALURU-560072.
17. S. NAGARAJU S/O LATE SHAMAIAH
AGED ABOUT 64 YEARS
R/O. NO.205/B, 1ST A MAIN
BAPUJINAGARA, MYSURU ROAD
BENGALURU-560026.
18. M.N. JAYAKUMAR S/O NARAYANASWAMY
AGED ABOUT 44 YEARS
R/O. NO.44, MUTHUKADAHALLI
JALA HOBLI, BENGALURU NORTH TALUK
BENGALURU-562157.
19. MUNISWAMY WODEYAR
S/O SHANKARAPPA WODEYAR
AGED ABOUT 51 YEARS
R/O. NO.123/24, 5TH CROSS
AGRAHARA LAYOUT, JAKKUR POST
YELAHANKA HOBLI
BENGALURU-560064.
... RESPONDENTS
(BY MR. VIJAY KUMAR A. PATIL, AGA FOR R1 & R2
MR. D.R. RAVISHANKAR, ADV., FOR C/R18 & R19
AND ALSO FOR R16 & R17
MR. KESHAVAMURTHY, ADV., FOR R4, R6-R9, R11 & R13
R3, R5, R12, R14 & R15 SD)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET-ASIDE THE DATED
15/10/2020 IN WP NO.12131/2019 PASSED BY LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT AND DISMISS THE W.P. NO.
6
12131/2019 ON THE FILE OF THE LEARNED SINGLE JUDGE OF
THIS HON BLE COURT.
THIS W.A. COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
In this intra court appeal, the appellant has assailed
the validity of the order dated 15.10.2020 by which writ
petition preferred by respondents 16 to 19 has been allowed.
In order to appreciate the grievance of the appellants, few
facts need mention, which are stated infra.
2. Respondent No.14 viz., Kumbara Sangha is a
Society registered under the provisions of Societies
Registration Act, 1960 (hereinafter referred to as 'the Act' for
short). The term of the elected board of directors is five
years. On 19.09.2011, an election was held for Board of
Directors of the Society. However, the State Government,
before completion of the term of the office bearers of the
Society, appointed an Administrator by an order dated
27.01.2017 in exercise of powers under Section 27 of the
Act. On 28.01.2017, a calendar of events was published by
the Administrator for holding elections of the Board Of
Directors of the Society. As per the aforesaid calendar, the
election was to be held on 05.03.2017 to elect the Board of
Directors for a period of five years. Admittedly, the tenure of
the appellants as Directors of the Board shall expire on
04.03.2022.
3. We have heard learned counsel for the parties at
length. Learned counsel for the appellant submitted that
elections for Board of Directors of the Society are scheduled
to be held and the appellants have no objection if District
Registrar or any officer nominated by him is directed to hold
elections of the Society. Learned Additional Government
Advocate submitted that District Registrar or his nominee
would hold elections of the Society. Learned counsel for
respondent Nos.18 and 19 has submitted that the District
Registrar be directed to hold elections in a time bound
manner.
4. We have considered the submissions made by
learned counsel for the parties and have perused the record.
Learned Single Judge in the first round of litigation by an
order dated 11.03.2020 had directed the Administrator to
hold an election. Against the aforesaid order, an intra court
appeal was preferred. A Division bench of this court vide
order dated 20.07.2020 had remitted the matter to the
learned Single Judge for decision afresh. Thereafter, by an
order dated 15.10.2020, learned Single Judge has again
allowed the petition and has quashed the elections of the
appellants notified on 14.05.2017 and has directed the
registrar to appoint an election officer to hold the elections.
By virtue of an interim order dated 23.10.2020, the
appellants have continued as Directors of the Board of the
Society.
5. In view of the fact that the term of the appellants is
shall expire on 04.03.2022, and in view of the fact that the
parties have arrived at a consensus that fresh elections of
the Board of directors should be held by the District Registrar
or his nominee, at this point of time, we are not inclined to
examine the issue involved in this appeal. The appeal is
therefore, disposed of with the direction to the District
Registrar or his nominee to hold elections of the Board of
Directors within a period of three months from today.
Accordingly, the appeal is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
SS
