Karnataka High Court
Dakshina Bharat Hindi Prachar Sabha And ... vs Sri Siddartha Sharma S/O S S Sharma And ... on 22 April, 2024
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WA No.100256 of 2022
C/W WA No.100164 of 2023,
WA No.100165 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE M.I.ARUN
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
WRIT APPEAL NO.100256 OF 2022 (GM-RES)
C/W
WRIT APPEAL NO.100164 OF 2023(GM-RES)
WRIT APPEAL NO.100165 OF 2023(GM-RES)
IN W.A. No.100256/2022:
BETWEEN:
1. SRI. MALLAPPA PUDAKALKATTI,
S/O BALAPPAPUDAKALKATTI,
AGE: 50 YEARS, OCC: AGRICULTURE AND
GENERAL BODY MEMBER OF DAKSHINA
BHARATA HINDI PRACHAR SABHA (KARNATAKA),
R/O: MADANBHAVI, TQ: &DIST: DHARWAD.
VISHAL
NINGAPPA 2. SRI. LINGARAJ SIRDESAI,
PATTIHAL
Location: HIGH
S/O SIDDARAJSIRDESAI,
COURT OF
KARNATAKA
DHARWAD BENCH AGE: 61 YEARS, OCC: RETIRED AND
Date: 2024.04.24
10:52:44 +0530
EXECUTIVE MEMBER OF DAKSHINA BHARATA
HINDI PRACHAR SABHA (KARNATAKA),
R/O: SHRI KADASIDDESHWAR KRUPA,
NARAYANPUR, 1ST MAIN, 2ND CROSS,
DHARWAD-580003.
3. SRI. PALAX KATTISHETTAR,
S/O VIRUPAKSHAPPAKATTISHETTAR,
AGE: 78 YEARS, OCC: RETIRED AND
EXECUTIVE MEMBER OF DAKSHINA BHARATA
HINDI PRACHAR SABHA (KARNATAKA),
R/O: 'TOTAMMA', C.B.NAGAR, DHARWAD-580001.
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C/W WA No.100164 of 2023,
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4. SRI. RAYAPPA PUDAKALKATTI,
S/O BALAPPAPUDAKALKATTI,
AGE: 55 YEARS, OCC: AGRICULTURE AND
EXECUTIVE MEMBER OF DAKSHINA BHARATA
HINDI PRACHAR SABHA (KARNATAKA),
R/O: MADANBHAVI, TQ: & DIST: DHARWAD-580011.
5. SRI. SUBHAS C. SAMATSHETTI,
S/O C. SAMATSHETTI,
AGE: 70 YEARS, OCC: RETIRED AND
EXECUTIVE MEMBER OF DAKSHINA BHARATA
HINDI PRACHAR SABHA (KARNATAKA),
R/O: ADARSH NAGAR, SANKESHWAR-591313.
6. SRI. ULAVIBASAPPA ANGADI,
S/O BALAPPAANGADI,
AGE: 64 YEARS, OCC: RETIRED AND GENERAL
BODY MEMBER OF DAKSHINA BHARATA HINDI
PRACHAR SABHA (KARNATAKA),
R/O: #126/2, SHIVALLI PLOT, RAJNAGAR,
3RD CROSS, DHARWAD-580006.
7. SMT. PREMALATA ANGADI,
W/O ULAVIBASAPPAANGADI,
AGE: 56 YEARS, OCC: HOUSEHOLD WORK
AND GENERAL BODY MEMBER OF DAKSHINA
BHARATA HINDI PRACHAR SABHA (KARNATAKA),
R/O: #126/2, SHIVALLI PLOT, RAJNAGAR,
3RD CROSS, DHARWAD-580006.
8. SMT. SAROJINI MOKASHI,
W/O VIJENDRAMOKASHI,
AGE: 63 YEARS, OCC: HOUSEHOLD WORK
AND GENERAL BODY MEMBER OF DAKSHINA
BHARATA HINDI PRACHAR SABHA (KARNATAKA),
R/O: STATION ROAD, MALAMADDI,
DHARWAD-580007.
9. SRI. CHANNAPPA MATTI,
S/O SHIVAMURTHEPPA MATTI,
AGE: 76 YEARS, OCC: RETIRED AND GENERAL
BODY MEMBER OF DAKSHINA BHARATA HINDI
PRACHAR SABHA (KARNATAKA),
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R/O: SAVADATTI MAIN ROAD,
M.J. NAGAR,DHARWAD-580006.
10. SMT. SHASHIKALA MATTI,
W/O CHANNAPPA MATTI,
AGE: 63 YEARS, OCC: RETIRED AND GENERAL
BODY MEMBER OF DAKSHINA BHARATA HINDI
PRACHAR SABHA (KARNATAKA),
R/O: SAVADATTI MAIN ROAD, M.J. NAGAR,
DHARWAD-580006.
11. SRI. MOHAN SAVANUR,
S/O PRABHU SAVANUR,
AGE: 62 YEARS, OCC: RETIRED AND GENERAL
BODY MEMBER OF DAKSHINA BHARATA HINDI
PRACHAR SABHA (KARNATAKA),
R/O: DEVGIRI, TQ: &DIST: BELAGAVI.
12. SRI. SHANTAVEERAPPA KOTTESHATTAR,
S/O FAKKEERAPPA KOTTESHATTAR,
AGE: 62 YEARS, OCC: RETIRED AND GENERAL
BODY MEMBER OF DAKSHINA BHARATA HINDI
PRACHAR SABHA (KARNATAKA),
R/O: SAINT ROHINS NAGAR, ANGOL,
BELAGAVI-590008.
13. SRI. BABU S. GOLAPPANAVAR,
S/O S. GOLAPPANAVAR,
AGE: 58 YEARS, OCC: BUSINESS AND GENERAL
BODY MEMBER OF DAKSHINA BHARATA HINDI
PRACHAR SABHA (KARNATAKA),
R/O: KASTURIMATA ROAD, NEAR RURAL
POLICE STATION, BAGALKOT-587101.
... APPELLANTS
(BY SRI. ANAND R. KOLLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THE DEPARTMENT OF COOPERATION,
M.S BUILDING, BENGALURU-560001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
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WA No.100256 of 2022
C/W WA No.100164 of 2023,
WA No.100165 of 2023
2. DAKSHINA BHARATA HINDI PRACHAR SABHA,
REPRESENTED BY ITS GENERAL SECRETARY,
THANIKACHALAM ROAD, THYGARAYANAGAR,
CHENNAI-600017.
3. THE PRESIDENT,
DAKSHINA BHARATA HINDI PRACHAR SABHA,
THANIKACHALAM ROAD, THYGARAYANAGAR,
CHENNAI-600017.
4. DAKSHINA BHARATA HINDI PRACHAR SABHA,
REPRESENTED BY ITS SECRETARY,
U.B. HILL, DHARWAD-580001.
5. THE DISTRICT REGISTRAR
DHARWAD DISTRICT, DHARWAD 580001.
6. THE SPECIAL SECRETARY
DAKSHINA BHARATA HINDI PRACHARSABHA,,
U.B. HILL, DHARWAD-580001.
... RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCGP FOR R1 & R5,
SRI. PRABHULING K. NAVADAGI, SENIOR COUNSEL
FOR SRI. M.T. BANGI, ADVOCATE FOR R2 TO R4 & R6,
SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO, SET ASIDE THE
FINAL ORDER, DATED 29.11.2021 PASSED BY LEARNED SINGLE
JUDGE IN WRIT PETITION NO. 103712/2021 (GM-RES) ONLY TO
THE EXTENT OF NOT ALLOWING THE PRAYER NO.1,2 AND 3 IN
W.P.103712/2021. CONSEQUENTLY, ALLOW THE PRAYER NO.1, 2
AND 3 IN W.P.103712/2021 & ETC.,
IN W.A. No.100164/2023:
BETWEEN:
1. DAKSHINA BHARAT HINDI PRACHAR SABHA,
REPRESENTED BY ITS GENERAL SECRETARY,
THANIKACHALAM ROAD, THYAGARAYANAGAR
CHENNAI- 560 017.
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WA No.100256 of 2022
C/W WA No.100164 of 2023,
WA No.100165 of 2023
2. THE PRESIDENT,
DAKSHINA BHARAT HINDI PRACHAR SABHA
REPRESENTED BY ITS GENERAL SECRETARY,
THANIKACHALAM ROAD, THYAGARAYANAGAR
CHENNAI-560 017.
3. THE SPECIAL SECRETARY
DAKSHINA BHARAT HINDI PRACHAR SABHA
U B HILL, DHARWAD- 580 001.
... APPELLANTS
(BY SRI. PRABHULING K. NAVADAGI, SENIOR COUNSEL
FOR, SRI. M.T. BANGI, ADVOCATE)
AND:
1. SRI. MALLAPPA S/O BALAPPA PUNDAKALKATTI
AGE: 52 YEARS, OCC: AGRICULTURE AND GENERAL
BODY MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O: MADANBHAVI, TAL &DIST: DHARWAD.
2. SRI. LINGRAJ S/O SIDDARAJSIRDESAI
AGE: 63 YEARS, OCC: RETIRED & MEMBER OF
DAKSHINA BHARAT HINDI PRACHAR SABHA KARNATAKA
R/O: SRI KADASIDDESHWAR KRUPA
NARAYANPUR, 1ST MAIN, 2ND CROSS DHARWAD.
3. SRI. PALAX S/O VIRUPAKSHAPPAKATTISHETTAR
AGE: 80 YEARS, OCC: RETIRED AND EXECUTIVE
MEMBER OF DAKSHINA BHARAT HINDI PRACHAR
SABHA KARNATAKA,
R/O: TOTAMMA, C B NAGAR, DHARWAD
TQ&DIST: DHARWAD.
4. SRI. RAYAPPA S/O BALAPPAPUDAKALATTI
AGE: 57 YEARS, OCC: AGRICULTURE AND
EXECUTIVE MEMBER OF DAKSHINA BHARAT
HINDI PRACHAR SABHA KARNATAKA
R/O: MADANBHAVI, TAL&DIST: DHARWAD.
5. SRI. SUBHAS C SAMATSHETTI
AGE: 72 YEARS, OCC: RETIRED AND EXECUTIVE
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MEMBER OF DAKSHINA BHARAT HINDI PRACHAR
SABHA KARNATAKA
R/O: ADARSH NAGAR, SANKESHWAR-591 313
TAL: HUKKERI, DIST: BELAGAVI.
6. SRI. ULAVIBASAPPA S/O BALAPPAANGADI
AGE: 66 YEARS, OCC: RETIRED AND EXECUTIVE
MEMBER OF DAKSHINA BHARAT HINDI PRACHAR
SABHA KARNATAKA
R/O: 126/2, SHIVALLI PLOT RAJNAGAR,
3RD CROSS, DHARWAD TAL & DIST: DHARWAD.
7. SMT. PREMALATA W/O ULAVIBASAPPAANGADI
AGE: 58 YEARS, OCC: HOUSEHOLD AND GENERAL
BODY MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O: 126/2, SHIVALLI PLOT RAJNAGAR,
3RD CROSS, DHARWAD. TAL & DIST: DHARWAD.
8. SMT. SAROJINI W/O VIJENDRAMOKASHI
AGE: 65 YEARS, OCC: HOUSEHOLD AND
GENERAL BODY MEMBER OF DAKSHINA
BHARAT HINDI PRACHAR SABHA KARNATAKA
R/O: STATION ROAD, DHARWAD
TAL & DIST: DHARWAD.
9. SRI. CHANNAPPA S/O SHIVMURTHEPPPAMATTI
AGE: 78 YEARS, OCC: RETIRED AND GENERAL
BODY MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O: SAVADATTI MAIN ROAD MJ NAGAR,
DHARWAD TAL & DIST: DHARWAD.
10. SMT. SHASHIKALA W/O CHANAPPAMATTI
AGE: 65 YEARS, OCC: HOUSEHOLD AND GENERAL
BODY MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O: SAVADATTI MAIN ROAD MJ NAGAR,
DHARWAD, TAL & DIST: DHARWAD.
11. SRI. MOHAN PRABHUSAVANUR
AGE: 64 YEARS, OCC: RETIRED AND GENERAL
BODY MEMBER OF DAKSHINA BHARAT HINDI
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PRACHAR SABHA KARNATAKA
R/O: DEVGIRI, TAL & DIST: BELAGAVI.
12. SRI. SHANTAVEERAPPA
S/O FAKKEERAPPA KOTTESHATTER
AGE: 64 YEARS, OCC: RETIRED AND GENERAL
BODY MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O: SAINT ROHINS NAGAR, ANGOL
TAL & DIST: BELAGAVI.
13. SRI. BABHU S/O B GOLAPPANAVAR
AGE: 60 YEARS, OCC: BUSINESS AND GENERAL
BODY MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O: KASTURIMATA ROAD,
NEAR RURAL POLICE STATION, BAGALKOT
TAL & DIST: BAGALKOT- 587 101
14. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF COOPERATION
M.S. BUILDING, BANGALORE-01.
15 THE DISTRICT REGISTRAR
DHARWAD DISTRICT,
DHARWAD-580 001.
16. DAKSHINA BHARAT HINDI PRACHAR SABHA,
REPRESENTED BY ITS SECRETARY,
U.B. HALLI, DHARWAD-580001.
... RESPONDENTS
(BY SRI. ANAND R. KOLLI, ADVOCATE FOR R1 TO R13,
SRI. V.S. KALASURMATH, HCGP FOR R14 & R15,
NOTICE TO R16-SERVED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO, SET ASIDE THE
ORDER PASSED BY LEARNED SINGLE JUDGE IN WRIT PETITION
NO. 103712/2021 DATED 29.11.2021 AND CALL FOR RELEVANT
RECORDS.
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WA No.100256 of 2022
C/W WA No.100164 of 2023,
WA No.100165 of 2023
IN W.A. No.100165/2023:
BETWEEN:
1. DAKSHINA BHARAT HINDI PRACHAR SABHA,
REPRESENTED BY ITS GENERAL SECRETARY,
THANIKACHALAM ROAD, THYAGARAYANAGAR
CHENNAI- 560 017.
2. THE PRESIDENT,
DAKSHINA BHARAT HINDI PRACHAR SABHA
REPRESENTED BY ITS GENERAL SECRETARY,
THANIKACHALAM ROAD, THYAGARAYANAGAR
CHENNAI- 560 017.
3. THE SPECIAL SECRETARY
DAKSHINA BHARAT HINDI PRACHAR SABHA
U B HILL, DHARWAD- 580 001.
... APPELLATS
(BY SRI. PRABHULING K. NAVADAGI, SENIOR COUNSEL
FOR SRI. M.T. BANGI, ADVOCATE)
AND:
1. SRI. SIDDARTHA SHARMA, S/O. S.S.SHARMA,
AGE ABOUT 59 YEARS, OCC: EXECUTIVE MEMBER
OF DAKSHINA BHARATA HINDI PRACHAR SABHA,
(KARNATAKA) R/O. 2ND CROSS, AKKAMMA BLK,
SADASHIVA NAGAR, BENGALURU.
2. SRI. MEHABOOBALI HALAGI
S/O MOHMAD HUSSAIN
AGE: 56 YEARS, OCC: EXECUTIVE MEMBER
OF DAKSHINA BHARAT HINDI PRACHAR SABHA
KARNATAKA,
R/O: MAHANTESH NAGAR, GUTTAL,
HAVERI-581108.
3. SRI. CHANNABASAPPA KODIHALLI
S/O MALLAPPA KODIHALLI
AGE: 56 YEARS, OCC: GENERAL BODY
MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA, KARNATAKA,
R/O: HALERITTI, YAKAGACH, HAVERI-581213.
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C/W WA No.100164 of 2023,
WA No.100165 of 2023
4. SMT. SAVITRI B. W/O B. BAKKAPPA
AGE: 68 YEARS, OCC: GENERAL BODY
MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA, KARNATAKA,
R/O: 1862/2A, LAXMINASHIMA KRUPA, 4TH MAIN
VINOBA NAGAR, DAVANAGERE-577006.
5. SRI. ABDULHAMID I BELLARY
S/O IBHRIMSAB BELLARY
AGE: 64 YEARS, OCC: GENERAL BODY
MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O: H.NO.44, SAMEER MANJIL,
SARVODAYA COLONY, GADAG-582101.
6. SRI. NAGESH YALKKUNDI
S/O REVAPPA YAKKUNDI
AGE: 46 YEARS, OCC: GENERAL BODY
MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O: 572, A/9 MANTESH CHAWL,
BAILHONGAL, BELAGAVI-591102.
7. SRI. KOTRAPPA BYALI S/O BASAPPA BYALI
AGE: 78 YEARS, OCC: EXECUTIVE MEMBER
OF DAKSHINA BHARAT HINDI PRACHAR
SABHA KARNATAKA
R/O: GUDNEPPAN MATH ROAD,
GAVISIDDESHAWAR NAGAR, KUKANUR
8. SRI. SAMUD A BAIG S/O ABDUL BAIG
AGE: 54 YEARS, OCC: GENERAL BODY
MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O 3419/A, HOSPETH GALLI, GOKAK RURAL
BELAGAVI-591307.
9. SRI. GURUVANGOUDA BUDAGATTI
S/O MAHALINGNAGOUDA BUDAGATTI
AGE: 61 YEARS, OCC: EXECUTIVE
MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O: 7669/21, NRAYANPUR ONI,
KAMALAPUR, DHARWAD-580008.
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10. SRI. SURESH KASHYAP S/O SUBBARAO
AGE: 78 YEARS, OCC: GENERAL BODY
MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O: JANANBHARATI, IIND BLOCK,
MARIYAPPAN PALYA
BENGALURU SOUTH-560001.
11. SMT. SHARADA SHARMA W/O S. SHARMA
AGE: 71 YEARS, OCC: GENERAL BODY
MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O: 19, VALLABHA NIKETANA,
KUMARA PARK EAST, NEAR GANDHI BHAVAN
BENGALURU-560001.
12. SRI. D.N. BASAVARAJA S/O NANJAPPA
AGE: 68 YEARS, OCC: GENERAL BODY
MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O: SIDDALINGESHWAR NAGAR, BOGADI
IIND STAGE, MYSORE-570026.
13. SRI. B.P. SHIVAKUMAR
LATE K.B. PARASHIVAMURTHY
AGE: 53 YEARS, OCC: GENERAL BODY
MEMBER OF DAKSHINA BHARAT HINDI PRACHAR
SABHA KARNATAKA
R/O: 395/4, VEENA SHAMANNA ROAD FORT
MOHALLA, MYSORE-570004.
14. SRI. K.S. SHIVAMURTHY,
S/O LATE SIDDAPPA,
AGED 54 YEARS, OCC: GENERAL BODY
MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O KETHOHALLO, MAYAGANAHALLI,
POST KASABA HOBLI, RAMNAGAR-562128.
15. SMT. MANGALA S. W/O GURUSWAMY N
AGED 61 YEARS OCC: GENERAL BODY
MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
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R/O MANJUNATH NILAYA, 1ST CROSS,
VINAYAK NAGAR, NES BADAVANE
MALAVALLI, MANDYA-571430.
16. SRI. HIREMATH RUDRAYYA
S/O GANGADHAR HIREMATH
AGED 50 YEARS, OCC: GENERAL BODY
MEMBER OF DAKSHINA BHARAT HINDI
PRACHAR SABHA KARNATAKA
R/O KUNDGOL, DIST DHARWAD.
17. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF COOPERATION
M S BUILDING, BANGALORE-01.
18. THE DISTRICT REGISTRAR
DHARWAD DISTRICT, DHARWAD- 580 001.
19. DAKSHINA BHARAT HINDI PRACHAR SABHA,
REPRESENTED BY ITS SECRETARY,
U.B HILL, DHARWAD-580001.
... RESPONDENTS
(BY SRI. SUNIL S. DESAI, ADVOCATE FOR R1 TO R16,
SRI. V.S. KALASURMATH, HCGP FOR R17 & R18,
NOTICE TO R19-SERVED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO, SET ASIDE THE
ORDER PASSED BY LEARNED SINGLE JUDGE IN WRIT PETITION
NO. 104100/2021 DATED 29.11.2021 AND CALL FOR RELEVANT
RECORDS.
THESE APPEALS COMING ON FOR PRONOUNCEMENT AND
THE SAME HAVING BEEN HEARD AND RESERVED FOR JUDGMENT
ON 04.04.2024, THIS DAY, M.I.ARUN, J., DELIVERED THE
FOLLOWING:
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WA No.100256 of 2022
C/W WA No.100164 of 2023,
WA No.100165 of 2023
JUDGMENT
1. Aggrieved by the order passed in W.P.
No.103712/2021 clubbed with W.P. No.104100/2021, dated
29.11.2021, W.A. No.100256/2022 is filed by the
petitioners therein; W.A. Nos.100164/2023 and
100165/2023 are filed by respondent Nos.2, 3 and 6
therein.
2. The Dakshina Bharat Hindi Prachara Sabha
(hereinafter referred to as "the Central Sabha") was
established in the year 1918 at Chennai for propagating
Hindi language in the Southern States. It was registered
under the Societies Registration Act, 1860. One of its
objects is to establish Regional Sabhas known as Pranteeya
Sabha for spreading of Hindi language in the areas were
Tamil, Telugu, Malayalam & Kannada languages are spoken.
Thereafter, Dakshina Bharat Hindi Prachara Sabha Act,
1964 came into existence, which declared the Central
Sabha as an institution of national importance. Respondent
Nos.2 & 3 are the Central Sabha.
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C/W WA No.100164 of 2023,
3. The Central Sabha in furtherance of its objectives
has established the Dakshina Bharat Hindi Prachara Sabha
(Karnataka), Dharwad (hereinafter referred to as "the
Pranteeya Sabha"). The said Pranteeya Sabha was initially
registered under the provisions of the Bombay Public Trusts
Act, 1950 and after its repeal, has been registered under
the provisions of the Karnataka Societies Registration Act,
1960, as a Society.
4. The appellants are the Members of the Pranteeya
Sabha. The elections were conducted to the Pranteeya
Sabha in the year 2020. However, the said election has
been nullified by the Central Sabha on the ground that the
same has not been conducted in accordance with law and it
took over the administration of the Pranteeya Sabha and
appointed an Administrator. That Administrator started
functioning and has enrolled new Members to the Pranteeya
Sabha. The Administrator is known as a Special Secretary
and is impleaded as respondent No.6 in the writ petition.
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C/W WA No.100164 of 2023,
5. The action of the Central Sabha declaring the
election conducted to the Pranteeya Sabha for the period
2020 to 2024 as null and void; taking over the
Administration of the Pranteeya Sabha and appointment of
Special Secretary to look after the affairs of the Pranteeya
Sabha are challenged by the appellants in W.A.
No.100256/2022 who filed W.P. No.103712/2021 and
certain other persons on the same grounds by filing W.P.
No.104100/2021.
6. Both the writ petitions were heard together and
the learned Single Judge has passed the following order:
"21. What order:
21.1. W.P. No.103712/2021 and W.P.
No.104100/2021 are partly allowed.
21.2. The prayer seeking for setting aside the
order dated 23.05.2020 and 08.06.2020 are
rejected.
21.3. It is declared that the Central Sabha can
exercise superintendence power over the
Pranteeya Sabha, in terms of Rule 28 of the
bye-laws of the Central Sabha.
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C/W WA No.100164 of 2023,
21.4. The Special Secretary/ Advisory Committee
is restrained from enrolling new members to
the Dharwad Pranteeya Sabha, until election
process is completed with the existing
members as on the date of appointment of
the Administrator/ Special Secretary i.e.,
23/05/2020.
21.5. The enrolment if any subsequent to the
appointment of the Special Secretary is set
aside which could however to be
reconsidered by Karyakarini Committee
when it comes in existence after the
elections.
21.6. The Administrator/ Special Secretary and
the Advisory Committee are directed to
complete the election process strictly in
accordance with the byelaws of the
Dharwad Pranteeya Sabha within a period of
six months from the date of receipt of the
certified copy of this order."
7. Aggrieved by the order passed therein, the
present writ appeals have been filed.
8. During the pendency of the writ appeals, fresh
elections have been conducted to the Pranteeya Sabha and
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a new body has taken over the administration, which has
also taken steps to approve the induction of new members
to the Pranteeya Sabha, who were previously inducted by
respondent No.6. In the light of the same, the appellants in
W.A. Nos.100164/2023 and 100165/2023 submit that
the said writ appeals may be dismissed as having become
infructuous and the same are accordingly dismissed.
9. The petitioners in W.P. No.103712/2021
(appellants in W.A. No.100256/2021) have challenged the
order of the learned Single Judge on the ground that the
Pranteeya Sabha is registered under the provisions of the
Karnataka Societies Registration Act, 1960 and the Central
Sabha does not have any superintendence power over the
functioning of the Pranteeya Sabha and it has no authority
to interfere in the elections of the Pranteeya Sabha and it
could not have superseded the elected body. It is also
submitted that the Central Sabha has no power to appoint a
Special Secretary by taking over the administration of the
Pranteeya Sabha. It is contended that the Pranteeya Sabha
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is a completely independent body governed by its own
byelaws.
10. It is further contended that even otherwise the
President of the Central Sabha has not exercised its powers
in the manner known to law and hence, the order of
superseding the elected body of the Pranteeya Sabha,
taking over its administration and appointment of a Special
Secretary is not in accordance with law. On the said
grounds, it is prayed that the order of the learned Single
Judge be set aside and the writ petition filed by the
petitioners be allowed.
11. Per contra, the contesting respondents justify the
order passed by the learned Single Judge and pray for
dismissal of the writ appeal.
12. The questions that arise for consideration in the
instant writ appeal are (i) whether the Central Sabha has
superintendence power over the functioning of the
Pranteeya Sabha and whether it has the power to set aside
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the elections, take over the administration and appoint a
Special Secretary to the Pranteeya Sabha and (ii) whether
the same has been done in the manner known to law?
13. To answer the first question, byelaws of the
Central Sabha and the Pranteeya Sabha have to be
considered along with the provisions of the Dakshina Bharat
Hindi Prachar Sabha Act, 1964. Following byelaws of the
Central Sabha are relevant:
"Object:
3. The object of the Sabha is to spread knowledge
of Hindi as specified in Article 351 of the Indian
Constitution, in the areas in South India where
Tamil, Telugu, Malayalam and Kannada are
spoken."
"Pranteeya Sabha:
28. The Karyakarini Samiti may whenever
necessary, establish Pranteeya Sabhas for
expanding its work in areas where Tamil,
Telugu, Malayalam and Kannada are spoken.
PROVIDED that the city of Madras shall remain
under the direct charge of the Central Sabha.
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The Central Sabha, when it is satisfied that any
provincial branch has failed in properly carrying
the functions of the provincial branch or is not
functioning properly due to any internal dispute
the Central Sabha shall have the powers to
take over the administration of the provincial
Sabha or suspend the constitution of the
Provincial Sabha and take necessary steps to
manage the work of the Provincial Sabha.
PROVIDED the procedure laid down in byelaws
is followed."
14. In addition to the above, the Central Sabha has
prepared the Rules for the Provincial Sabhas (the Pranteeya
Sabha).
15. Relevant byelaws of the Pranteeya Sabhaa are as
follows:
"3) Definitions : In these rules unless the
contexts otherwise requires:
XXXXX
d) 'Central Sabha' means Dakshina Bharat
Hindi Prachar Sabha, Thyagaraya Nagar,
Chennai - 600 017.
XXXXX
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C/W WA No.100164 of 2023,
e) 'Member' means any person admitted by
the Central Sabha on the
recommendation of the Executive
Committee of the Sabha.
XXXXX
g) 'Pramanit Pracharak' means a person
enrolled as such by the Central sabha.
XXXXX
j) 'Sachiv' (Karyadarshi) means Sachiv
(Secretary) appointed by teh Central
Sabha.
XXXXX
4) AIMS AND OBJECT OF THE SABHA:
XXXXX
b) To aid and assist the Central Sabha for
the fulfilment of its objects in Karnataka.
5) MEMBERSHIP:
Any person of 21 years of age & above, who is
competent to contract and not otherwise ineligible
and who subscribes to the objects & functions of the
Sabha and who pays either donations or
subscriptions and satisfy the other conditions
prescribed below may be admitted by the Central
Sabha to any one class of Membership mentioned
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below on the recommendation of the Karyakarini
Samiti of the Sabha.
XXXXX
12. Powers of the Office bearers:-
XXXXX
D) Sachiv
i) Shall be the Chief Executive Officer
of the Sabha;
ii) Shall be fully responsible to the
Karyakarini Samiti and
Vyavasthapika Samiti;
iii) Shall be the custodian of papers,
files, documents, movable and
immovable properties of the
Sabha;
iv) Keep money of the Sabha in the
Bank or Banks as may be
determined by the Karyakarini
Samiti;
v) Shall be the custodian of the
emblem of the Sabha;
vi) Correspond on behalf of the Sabha;
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vii) Shall convey meeting of
Vyavasthapika Samiti and
Karyakarini Samiti in consultation
with the Adyaksha and
Karyadhyaksha as the case may
be;
viii) shall operate Bank A/c. Subject to
countersignature by the
Karyadhyaksha or Koshadhyaksha
as resolved by the Karyakarini
Samiti;
ix) Carry out the directions of the
office bearers, Vyavasthapika
Samiti and Karyakarini Samiti;
x) Shall represent the Sabha in all
legal proceedings. The Sachiv shall
sue or be sued in the name of the
Sabha;
xi) Shall be the convener of any
sub-committee."
16. All properties movable & immovable shall
stand and vest in the Sabha in the name
of the Sachiv and no member can claim
any personal right. The Karyakarinin
Samiti shall have power to hold, acquire
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or alienate all properties movable &
immovable provided that the alienation
in whatever form shall be subject to the
approval by 3/4th majority of the
members present and voting. However,
alienation of any movable property of the
value of Rs.25,000/- or below may be
effected in the absence of such sanction
but the same shall be placed before the
next meeting of Karyakarini Samiti. The
Sachiv shall maintain up to date property
register of all the immovable properties
of the Sabha and the same shall be
placed before the annual general
meeting."
16. In addition to the above, Sections 2 & 3 of the
Dakshina Bharat Hindi Prachar Sabha Act, 1964 (for short
"the Act, 1964"), read as under:
"2. Definitions.- In this act, unless the
context otherwise requires.-
(a) "memorandum" means the memorandum
of association of the Sabha filed with the
Registrar of Joint Stock Companies,
Madras, under the Societies Registration
Act, 1860 (21 of 1860);
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(b) "rules and regulations" includes any rule
or regulation, by whatever name called,
which the Sabha is competent to make in
the exercise of the powers conferred on
it under the Societies Registration Act,
1860, but shall not include any bye-laws
or standing orders made under the rules
and regulations for the conduct of its
work;
(c) "Sabha" means the Dakshina Bharat
Hindi Prachar Sabha registered under the
Societies Registration Act, 1860.
3. Declaration of the Dakshina Bharat Hindi
Prachar Sabha as an institution of national
importance.- Whereas the object of the institution
known as the Dakshina Bharat Hindi Prachar Sabha
are such as to make it an institution of national
importance, it is hereby declared that the Dakshina
Bharat Hindi Prachar Sabha is an institution of
national importance."
17. Further, preamble of the Act, 1964 reads as
under:
"An Act to declare the institution known as the
Dakshina Bharat Hindi Prachar Sabha, having at
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present its registered office at Madras, to be an
institution of national importance and to provide for
certain matters connected therewith."
18. In the course of the arguments, it is not disputed
by either of the parties that the Central Sabha formed the
Pranteeya Sabha and both the institutions claimed to be an
institution of national importance as per Act No.14 of 1964
i.e., the Dakshina Bharat Hindi Prachar Sabha Act, 1964.
The said Act contemplates recognition of the Central Sabha
as an institution of national importance and the Pranteeya
Sabha is also claiming the same as it is constituted by the
Central Sabha and it does not have an existence
independent of Central Sabha. In fact, the regulations of
the Pranteeya Sabha mention it to be an institution of
national importance by an Act No.14 of 1964. It is also not
in dispute that based upon the byelaws aforementioned, the
Central Sabha controls the functioning of the Pranteeya
Sabha and the Pranteeya Sabha is constituted as a Branch
of the Central Sabha. Because of the Dakshina Bharat Hindi
Prachar Sabha Act, 1964, the byelaws of the Central Sabha
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C/W WA No.100164 of 2023,
where it can supervise and control the functioning of the
Pranteeya Sabha and the fact that it has created the
present Pranteeya Sabha, which claims to be an institution
of national importance under the Dakshina Bharat Hindi
Prachar Sabha Act, 1964 and its byelaws provides for
interference of Central Sabha within its affairs and the
practice that has been adopted till today, makes it clear
that, while examining the functions of the Pranteeya Sabha,
one has to consider the provisions of the Dakshina Bharat
Hindi Prachar Sabha Act, 1964, the byelaws of the Central
Sabha and the byelaws of the Pranteeya Sabha together
and cannot read the byelaws of Pranteeya Sabha in
isolation.
19. Reading of the same together, one has to
invariably hold that as per byelaw 28 of the Central Sabha,
it has the superintendence power over the functioning of
the Pranteeya Sabha and when the Pranteeya Sabha has
failed to properly carry out any functions or there is any
internal disputes, the Central Sabha shall have the powers
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C/W WA No.100164 of 2023,
to take over administration of the Pranteeya Sabha or
suspend the constitution of the Pranteeya Sabha and take
steps to manage the work of the Pranteeya Sabha.
20. The next question that arises for consideration is
as to whether proper procedure has been followed by the
Central Sabha in taking over the administration of the
Pranteeya Sabha.
21. In this regard, it is submitted by the respondents
that the petitioners are taking up this contention for the
first time during the appellate stage. Nevertheless, it is
contended that the Central Sabha has acted in accordance
with law.
22. The case of the petitioners is that it is the
responsibility of the Vyavasthapika Samiti to pass the
impugned orders and not the President.
23. Per contra, it is contended by the respondents
that the Central Sabha has to act through the President or
the Secretary and two of the impugned orders in the instant
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C/W WA No.100164 of 2023,
case have been signed by the President while one has been
signed by the General Secretary and the same has been
approved by the Central Sabha in accordance with law.
24. Perusal of the byelaws reveal that the President
is a Member of both Vyavasthapika Samiti and Karyakarini
Samiti and the Central Sabha has to act through one person
and it has acted through the President. Under the
circumstances, no fault can be found in the same. Further,
whether the impugned orders passed, based on certain
allegations, involve disputed questions of fact and the
parties if aggrieved will have to approach the appropriate
forum in accordance with law and this Court cannot
examine the disputed questions of fact in exercise of its
powers under Article 226 of the Constitution of India.
25. Further learned AAG appearing for the State
submitted that the State has no stand in the instant case
and is neutral. Further, subsequent to filing of the writ
appeal, it is submitted that the elected body has come into
existence and the term of the Special Secretary is over and
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C/W WA No.100164 of 2023,
the said elected body is managing the affairs of the
Pranteeya Sabha. Under the circumstances, the question of
the State interfering with the same also does not arise.
26. For the aforementioned reasons, we do not find
any infirmity in the order passed by the learned Single
Judge and accordingly, the writ appeal is hereby dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
Vnp* / CT: VP
