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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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,
-2-
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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."
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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
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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
