Writ petition challenging Registrar's acceptance of society returns filed by an elected body post-Administrator appointment. Court held acceptance was justified and reserved liberty for other grievances like election conduct.
Petition disposed of with liberty to assail election conduct in appropriate forum; other prayers not considered.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 5TH DAY OF SEPTEMBER 2013
BEFORE
THE HON’BLE MR. JUSTICE A S BOPANNA
WRIT PETITION No.4914/2012 (GM-KSR)
BETWEEN:
THE CENTRAL EDUCATION SOCIETY (R) URDIGERE, TUMKUR TALUK, TUMKUR DISTRICT BY ITS SECRETARY, G. PANCHAKSHARAIAH S/O. GURUVEERAIAH AGED ABOUT 51 YEARS R/O. 9TH CROSS, S.S.PURAM, TUMKUR-2 ... PETITIONER
(BY SRI M V HIREMATH, ADV.)
AND:
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GOVERNMENT OF KARNATAKA, NRUPATHUNGA ROAD, BANGALORE
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IMPLEADING APPLICANT NO.1 IS THE PRESIDENT AND NO.2 IS THE SECRETARY, IMPLEADING
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APPLICANTS NO.3 IS THE TREASURER AND OTHER IMPLEADING APPLICANTS ARE THE EXECUTIVE COMMITTEE MEMBERS, CENTRAL EDUCATION SOCIETY ®, URDIGERE TUMKUR TALUK TUMKUR DISTRICT ... RESPONDENTS
(BY SRI E S INDIRESH, HCGP. FOR R1-8 SRI K NAGESHWARAPPA, ADV. FOR R9, 11-25 R10 - DELETED V/O DT.12.06.2013)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE ORDER DATED 19.01.2012 ISSUED BY RESPONDENT 8 AS PER ANNEXURE M AND CONSEQUENTIAL ORDER DATED 06.02.2012 ISSUED BY RESPONDENT 8 AS PER ANNEXURE U AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING :
O R D E R
The petitioner is before this Court assailing the order dated 19.01.2012 (Annexure-M) and the consequential order dated 06.02.2012 (Annexure-U) to the petition. The petitioner has also sought for quashing the newly enrolled membership list dated 24.08.2011 done by the Administrator. A further direction has been sought to direct respondent No.8 to accept the audited balance sheet along with the list of governing council details submitted by the petitioner as at Annexure-T to the petition.
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registered under the Karnataka Societies Registration Act for imparting education in rural areas. The petitioner herein claims to be the body in control of the educational institutions and therefore contends that the private respondents herein have no manner of right to represent the society. In that regard, the petitioner had approached the Registrar contending that the returns being filed by the respondents claiming themselves as the Managing Committee of the Society should not be accepted. It is in that circumstance, the petitioner is claiming to be aggrieved by the acceptance of the letter dated 19.01.2012 as at Annexure-M. Consequently, in view of the objection filed by the petitioner on 30.01.2012 and since it is clarified to the petitioner by endorsement dated 06.02.2012 (Annexure-U), the petitioner is also aggrieved by the same.
would arise for consideration is only with regard to the present action relating to acceptance of the returns filed
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by the Registrar and also the endorsement that has been
issued to the petitioner and as to whether the same are justified or not?
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body has presently filed the returns, certainly, the
Registrar would have to accept the returns and the acceptance letter dated 19.01.2012 issued in that regard would be justified. Further, the endorsement having disclosed the reasons for acceptance of the returns filed by the elected body cannot be considered to be erroneous in law. However, if the petitioners have any other grievance with regard to the manner in which the elections had been conducted by the Administrator or the enrolment of the members, the same cannot be made a part of the grievance in the instant petition but can only be assailed by the concerned members of the Society in accordance with law in an appropriate forum. Therefore, at this juncture, the other prayers made in the petition would not arise for consideration.
has been limited only to the correctness or otherwise of the endorsement which has been issued which clearly depicts the factual position existing as of now, but if the petitioner has any other grievance, it can only be assailed in accordance with law.
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Therefore, reserving the said liberty, the petition stands disposed of.
Sd/-
JUDGE
hrp/bms
3 issues framed by the court
Whether the Registrar's acceptance of returns filed by an elected body after an Administrator's appointment was justified.
Whether the endorsement dated 06.02.2012 issued to the petitioner was erroneous in law regarding the acceptance of society returns.
Whether the petitioner could challenge the manner of elections conducted by the Administrator in the present writ petition.
1 provisions across 1 enactments
THE CENTRAL EDUCATION SOCIETY (R) URDIGERE
THE SECRETARY DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KARNATAKA
A S BOPANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
