Partly allowed

Kailashnath Patil S/O Veerendra Patil v. the State of Karnataka and Ors.

Karnataka HC9 Jun 2016WA/200131/2015

Case brief

AI extract

What is this about?

Society membership applicants sought compulsory admission, while the society challenged invalidation of its amended admission by-law. The court dismissed the individuals' appeals and partly allowed the society's appeals, restoring the amendment while requiring widely publicised invitations and supervised consideration of membership applications.

What did the court decide?

Restored approval of the by-law amendment; directed multilingual public notices inviting membership applications and consideration under by-law 7B(ii), supervised by the Registrar.

Kailashnath Patil S/O Veerendra Patil Vs the State of Karnataka and Ors. — Karnataka HC (2016) — LawSathi Research

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IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH

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DATED THIS THE 9^TH DAY OF JUNE, 2016

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PRESENT

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THE HON’BLE MR.JUSTICE ANAND BYRAREDDY

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AND

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THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN

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WRIT APPEAL No.200089/2015 (GM-KSR) CONNECTED WITH

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WRIT APPEAL No.200027/2015, WRIT APPEAL No.200028 /2015 WRIT APPEAL No.200029 /2015, WRIT APPEAL No.200030 /2015 WRIT APPEAL No.200044 /2015, WRIT APPEAL No.200048 /2015 WRIT APPEAL No.200049 /2015, WRIT APPEAL No.200088 /2015 WRIT APPEAL No.200131 /2015, WRIT APPEAL No.200043 /2015 WRIT APPEAL No.200050 /2015, WRIT APPEAL No.200045 /2015 WRIT APPEAL Nos.200292-200295/2015,

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WRIT APPEAL No.200046/2015, WRIT APPEAL No.200047 /2015 AND WRIT APPEAL No.200090 /2015

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WRIT APPEAL No.200089/2015:

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BETWEEN:

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Dr. Veeranna S/o Mallappa, Age: 58 years, Occupation: Retired HOD, Medicine At MRMC Kalaburagi. Resident of Vithal Nagar, Kalaburagi – 585 102.

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… APPELLANT

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(Shri P. Vilaskumar, Advocate)

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AND:

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The State of Karnataka Through its Registrar, Co-operative Societies, Bengaluru – 560 009.

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The Deputy Registrar of Co-operative Societies, & District Registrar of Societies, Kalaburagi – 585 102.

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Hyderabad Karnataka Education Society, through its President Aiwan-E- Shahi Road, Near Station IB, Kalaburagi – 585 102.

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… RESPONDENTS

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(Shri A. Syed Habeeb, Additional Government Advocate for Respondents No.1 and 2, Sri Ashok S. Kinagi, Advocate for Respondent No.3)

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This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to modify the order passed by learned Single Judge in W.P.No:84893/2011 dated 12.02.2015 in so far as not considering the prayer of the appellant for induction of him in the respondent No.3 Society and consequently direct the respondent No.3 to induct the appellant as member of the Society.

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WRIT APPEAL No.200027/2015:

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BETWEEN:

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Hyderabad Karnataka Education Society, Aiwan-E- Shahi Road, Near Station IB, Gulbarga– 585 102. Represented by its President.

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… APPELLANT

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(Shri Ashok S. Kinagi, Advocate)

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AND:

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The State of Karnataka Through its Registrar, Co-operative Societies, Bengaluru – 02.

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The Deputy Registrar of Co-operative Societies, & District Registrar of Societies, Gulbarga– 585 102.

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Dr. Veeranna S/o Mallappa Age: 62 years, Occupation: HOD, Medicine at MRMC Gulbarga, Resident of Vithal Nagar, Gulbarga – 585 102.

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… RESPONDENTS

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(Shri P. Vilas Kumar, Advocate for Respondent No.3)

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This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in writ petition No.84893/2011 dated 12.02.2015 and reject the writ petition.

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WRIT APPEAL No.200028/2015:

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BETWEEN:

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Hyderabad Karnataka Education Society, Aiwan-E- Shahi Road, Near Station IB, Gulbarga– 585 102. Represented by its President.

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… APPELLANT

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(Shri Ashok S. Kinagi, Advocate)

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AND:

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The State of Karnataka Through its Registrar, Co-operative Societies, Bengaluru – 02.

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The Deputy Registrar of Co-operative Societies, & District Registrar of Societies, Gulbarga– 585 101.

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Shivalingappa S/o Shantappa Kalshetty

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Age: 49 years, Occupation: Business, At & Post. Deval Ghanagapur, Taluk: Afzalpur, District: Gulbarga – 585 102.

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Anaverappa S/o Shantappa Kalshetty Age: 51 years, Occupation: Business, At & Post. Deval Ghanagapur, Taluk: Afzalpur, District: Gulbarga – 585 103.

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Sidramappa S/o Shantappa Kalshetty Age: 54 years, Occupation: Business, At & Post. Deval Ghanagapur, Taluk: Afzalpur, District: Gulbarga – 585 103.

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Basavaraj S/o Mahalangappa Patil Age: 34 years, Occupation: Business, Resident of Venkat Bennur, Taluk & District: Gulbarga – 585 103.

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Mallikarjun S/o Nijalingappa Shivagol Age: 39 years, Occupation: Agriculture, Resident of Hebbal, Taluk: Chittapur, District: Gulbarga – 585 102.

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Nagesh S/o Basavaraj Shivagol Age: 34 years, Occupation: Contractor,

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Resident of Hebbal, Taluk: Chittapur, District: Gulbarga – 585 102.

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Shankar S/o Ningappa Devatage Age: 43 years, Occupation: Agriculture, Resident of Hebbal, Taluk: Chittapur, District: Gulbarga – 585 102.

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Sunita Revansiddappa Ambulgi Age: 38 years, Occupation: Business, Resident of House No.8-1304/14, Gandhi Nagar, Humanabad road, Gulbarga – 585 102.

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Akshata Sajjan Age: 33 years, Occupation: Household, Resident of House No.1-1495/6-14, Opposite: Appa House, Godutai colony, Gulbarga – 585 102.

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Jaishree Sajjan Age: 59 years, Occupation: Agriculture, Resident of House No.1-1495/G-14, Opposite: Appa House, Godutai colony, Gulbarga – 585 102.

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Shivashankar Gachinmanth S/o Channabasayya Swamy, Age: 48 years, Occupation: Development Officer, Resident of Shiva Nilaya,

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House No.1-1495/103/27, Godutai Nagar, Gulbarga – 585 102.

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Md. Khadir Ali Age: 39 years, Occupation: Business, Resident of H.No.4-570/6, Lower lane, Darga road, Santraswadi, Gulbarga – 585 102.

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15. Heena Kausar

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Age: 34 years, Occupation: Business, Plot No.6, New Jewargi road, Beside Shams Function Hall, Gulbarga – 585 102.

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Netra Sajjan Age: 26 years, Occupation: Doctor, Resident of House No.1-1495/G-14, Opposite: Appa House, Godutai Colony, Gulbarga – 585 102.

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Revanthkumar S/o Mallappa Sajjan Age: 24 years, Occupation: Business, Resident of House No.1-1495/G-14, Opposite: Appa House, Godutai Colony, Gulbarga – 585 102.

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… RESPONDENTS

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(Shri P. Vilas Kumar, Advocate for Respondents No.3 to 17)

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This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in Writ Petition Nos.80365-379/2012 dated 12.02.2015 and reject the writ petition.

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WRIT APPEAL No.200029/2015:

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BETWEEN:

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Hyderabad Karnataka Education Society, Aiwan-E- Shahi Road, Near Station IB, Gulbarga– 585 102. Represented by its President.

¶75

… APPELLANT

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(Shri Ashok S. Kinagi, Advocate)

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AND:

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The State of Karnataka Through its Registrar, Co-operative Societies, Bangalore – 02.

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The Deputy Registrar of Co-operative Societies, & District Registrar of Societies, Gulbarga– 585 102.

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Dr. Siddanagouda S/o Mallikarjungouda Age: 58 years, Occupation: Prof. Of Surgery of MRMC Gulbarga, Resident of Gulbarga – 585 102.

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… RESPONDENTS

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(Shri A. Syed Habeeb, Additional Government Advocate for Respondents No.1 and 2 Shri P. Vilas Kumar, Advocate for Respondent No.3)

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This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in Writ Petition No.84894/2011 dated 12.02.2015 and reject the writ petition.

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WRIT APPEAL No.200030/2015:

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BETWEEN:

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Hyderabad Karnataka Education Society, Aiwan-E- Shahi Road, Near Station IB, Gulbarga– 585 102. Represented by its President.

¶88

… APPELLANT

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(Shri Ashok S. Kinagi, Advocate)

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AND:

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The State of Karnataka Through its Registrar, Co-operative Societies, Bangaluru – 02.

¶92

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The Deputy Registrar of Co-operative Societies, & District Registrar of Societies, Gulbarga– 585 102.

¶94

Appasab Patil S/o Late Baswantrao Patil, Age: 72 years, Occupation: Agriculture & Social Worker, Resident of Raddewadi, Taluk: Jewargi, District: Gulbarga – 585 102.

¶95

Shambu Reddy S/o Bhaganna Madri Age: 69 years, Occupation: Social Worker and Agriculture, Residents of Kodle, Taluk: Sedam, District: Gulbarga – 585 102.

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Sahebreddy S/o Shivasharanappa Age: 64 years, Occupation: Agriculture, Resident of Yadgir, Taluk and District: Yadgir – 585 202.

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Ratnakar S/o Basappa Kupendra Age: 58 years, Occupation: Advocate & Notary, Resident of House No.6-601-11C, 4^th Cross, M.B. Nagar, Gulbarga – 585 102.

¶98

Dr. Rajeshwari D/o Siddangouda Age: 37 years, Occupation: Private Practice,

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Resident of Wadagera, Taluk: Shahapur, District: Yadgir – 585 202.

¶101

… RESPONDENTS

¶102

(Shri A. Syed Habeeb, Additional Government Advocate for Respondents No.1 and 2 Shri P. Vilas Kumar, Advocate for Respondents No.3 to 7)

¶103

This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in Writ Petition Nos.84895-899/2011 dated 12.02.2015 and reject the writ petition.

¶104

WRIT APPEAL No.200044/2015:

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BETWEEN:

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Hyderabad Karnataka Education Society, Aiwan-E- Shahi Road, Near Station IB, Gulbarga– 585 102. Represented by its President.

¶107

… APPELLANT

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(Shri Ashok S. Kinagi, Advocate)

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AND:

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The State of Karnataka Through its Registrar, Cooperative Societies, Bangalore – 560 001.

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Sri Linganagowda S. Desai S/o late Shivamanappa Desai, Age: 73 years, Resident of Hadanoor Village, Sorapur Taluka, Yadgir District: - 585 125.

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… RESPONDENTS

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(Shri A. Syed Habeeb, Additional Government Advocate for Respondent No.1 Shri P. Vilas Kumar, Advocate for Respondent No.2)

¶115

This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in Writ Petition No.7888/2011 dated 12.02.2015 and reject the writ petition.

¶116

WRIT APPEAL No.200048/2015:

¶117

BETWEEN:

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Hyderabad Karnataka Education Society, Aiwan-E- Shahi Road, Near Station IB, Gulbarga– 585 102. Represented by its President.

¶119

… APPELLANT

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(Shri Ashok S. Kinagi, Advocate)

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AND:

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The State of Karnataka Department of Co-operation, Bangalore,

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By its Secretary.

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The District Registrar of Societies/ Deputy Registrar of Co-Operative Societies, Gulbarga – 585 103.

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Annarao S/o Basalingappa Punekar Age: 69 years, Occupation: Retired S.P., Resident of House No.171, Shanti Nagar, M.S.K. Mill road, Gulbarga – 585 103.

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… RESPONDENTS (Shri A. Syed Habeeb, Additional Government Advocate for Respondents No.1 and 2 Shri P. Vilas Kumar, Advocate for Respondent No.3)

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This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in Writ Petition No.80090/2012 dated 12.02.2015 and reject the writ petition.

¶129

WRIT APPEAL No.200049/2015:

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BETWEEN:

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Hyderabad Karnataka Education Society, Aiwan-E- Shahi Road, Near Station IB, Gulbarga– 585 102. Represented by its President.

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… APPELLANT

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(Shri Ashok S. Kinagi, Advocate)

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AND:

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The State of Karnataka Department of Co-Operation, Bangalore, By its Secretary – 560 001.

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The Registrar of Co-Operative Societies, Bangalore – 560 001.

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The District Registrar of Societies/ Deputy Registrar of Co-Operative Societies, Gulbarga – 585 102.

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Shivaraj S/o Gurushantappa Patil Age: years, Occupation: Professor, Resident of House No.104, Mahant Jyoti G.D.A. Layout, Gokul Nagar, Gulbarga – 585 105.

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… RESPONDENTS

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(Shri A. Syed Habeeb, Additional Government Advocate for Respondents No.1 and 3 Shri P. Vilas Kumar, Advocate for Respondent No.4)

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This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in Writ Petition No.80051/2012 dated 12.02.2015 and reject the writ petition.

¶143

¶144

WRIT APPEAL No.200088/2015:

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BETWEEN:

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Hyderabad Karnataka Education Society, Aiwan-E- Shahi Road, Near Station IB, Gulbarga– 585 102. Represented by its President.

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… APPELLANT

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(Shri Ashok S. Kinagi, Advocate)

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AND:

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The State of Karnataka Department of Co-Operative Societies, M.S. Building, Bangalore – 560 001. By its Secretary,

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The Secretary Department of Co-Operative Societies, M.S. Building, Bangalore – 560 001.

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The Deputy Registrar of Co-Operative Societies and Registrar of Societies, Gulbarga district, Gulbarga - 585 102.

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The Returning Officer Elections to Hyderabad-Karnataka Education Society, Dr. P.S. Shankar, M.R. Medical College Campus, Gulbarga.

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Sri Yanka Reddy S/o Saheb Reddy Age: 41 years, Resident of Hattikuni Taluka, Yadgir District.

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Sri G.S. Rahamat Saheb S/o Shaik Mohammed Saheb Age: 55 years, Resident of House No.4-463, Santraswadi, Gulbarga Town & District.

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Sri Arun Kumar S/o Neelkanta Nagoor Age: 39 years, Resident of Plot No.15, Opposite: Co-Operative Training Centre, Pragathi Colony, Gulbarga.

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Smt. Anuradha W/o Basavaraj Age: 31 years, Resident of Hattikuni, Yadagiri Taluk & District.

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Sri Vishwanath S/o Sidhikant Age: 41 years, Resident of Mahagaon, Gulbarga Taluk & District.

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Smt. Nikita W/o Vishwanth Tadkal Age: 39 years, Resident of Mahagaon, Gulbarga Taluk & District.

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Sri Sharanabasappa S/o Saibanna Dhanni, Age: 44 years, Resident of KHB Colony, Old Jewargi Road, Gulbarga.

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Sri Ayub Khan S/o Ladlesab Resident of House No.11-1041/50/56/B1, Iqbal Colony, M.S.K. Mill road, Gulbarga Town & District.

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Sri Shrikant S/o Shivasharanappa Mallabadkar, Age: 41 years, Resident of Plot No.94, Sri Ganesh Nagar, Ring Road, Gulbarga Taluk & District.

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Sri Ravindra S/o Aneppa Agsar Age: 41 years, Resident of House No.11/A, G.D.A. Layout, Sedam road, Gulbarga Taluk & District.

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Sri Shivputrappa S/o Shivasharanappa Mallabadkar, Age: 41 years, Resident of Plot No.94, Sri Ganesh Nagar, Ring Road, Gulbarga Taluk & District.

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Sri Ayyangouda S/o Doddappagouda Age: 61 years, R/o Yelheri,

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¶169

Yadgiri Taluk & District.

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Sri Sharana Gowda S/o Doddappa Gowda, Age: 35 years, Resident of Yelheri, Yadgiri Taluk & District.

¶171

Sri Basavaraj S/o Siddanagouda Age: 55 years, Resident of Mustoor, Koiloor Post, Yadgiri Taluk & District.

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Smt. Jagadevi W/o Basavaraj Biljundi, Age: 47 years, Resident of 8-1302/D, Near Gunj Bus Stand, Gulbarga Town & District.

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Sri Mallan Gowda S/o Mahadevappa Gowda Age: 51 years, Resident of Tangadigi, Ibrahimpur Post, Shahapur Taluk, Yagiri District.

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Sri Linga Reddy S/o Sidramappa Bandalli R/o Tangadigi, Ibrahimpur Post, Shahapur Taluk, Yadgiri District.

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Dr. Jagannath Reddy S/o Linga Reddy Age: 41 years, Resident of Wadagera,

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ShahapurTaluk, Yadgiri District.

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Sri Ravi Kumar S/o Ayyangouda Age: 38 years, Resident of Yelheri, Yadgiri Taluka & District.

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Kumari Shailaja D/o Hanumantha Reddy Kavloor, Age: 26 years, Resident of Station Road, Yadgiri Town & District.

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Sri Siddarama Reddy S/o Mohan Reddy Age: 23 years, Resident of Arikkera (B), Yadgiri Taluka & District.

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Smt. Nimbemma W/o Mohan Reddy Hadimani, Age: 47 years, Resident of Arikkera (B), Yadgiri Taluka & District.

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Smt. Basamma W/o Ayyanngouda Age: 55 years, Resident of Yelheri, Yadgiri Taluka & District.

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Sri Rahul S/o Malla Reddy Age: 25 years, Resident of Ho.No.5-1-275,

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Basaveshwarnagar, Yadgiri Taluka & District.

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Kumari Rajeshwari D/o Mallareddy Age: 25 years, Resident of Ho.No.5-1-275, Basaveshwarnagar, Yadgiri Taluka & District.

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Sri Venkata Reddy S/o Bheema Reddy Age: 28 years, Resident of Arikera (B), Yadgiri Taluka & District.

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Basavaraj S/o Siddanagouda Kandalli Age: 55 years, Resident of Hedigimadri Yadgiri Taluka & District.

¶189

Sri S. Mallanna S/o Sheshappa Anoor Age: 71 years, Resident of Gogi Mohalla, Yadgiri Town & District.

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Sri Devendra S/o Mallanna Anoor Age: 38 years, Resident of Gogi Mohalla, Yadgiri Town & District.

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Smt. Sheela D/o S. Mallanna Anoor Age: 33 years, Resident of Gogi Mohalla, Yadgiri Town & District.

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Sri Prabhakar S/o S. Mallanna Anoor Age: 47 years, Resident of Gogi Mohalla, Yadgiri Town & District.

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Sri Suresh S/o Basavarajgouda Age: 31 years, Resident of Kyatnal, Yadgiri Taluk & District.

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37 Sri Linga Reddy S/o Sidramappa Bandalli R/o Tangadigi, Ibrahimpur Post, Shahapur Taluka, Yadgiri District.

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Smt. Shruthi W/o Rahavendra Reddy Malipatil Age: 27 years, Resident of Hedigimadri, Yadgiri Taluka & District.

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Sri Suresh S/o Basavarajappa Akkam Age: 29 years, Resident of Kodla, Sedam Taluk, Gulbarga District.

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Sri Bassangouda S/o Shanthgouda Age: 35 years, Resident of Chamanalli, Bandalli Post, Yadgiri Taluka & District.

¶199

Smt. Lakshmi W/o Bassangouda Police Patil Age: 27 years, R/o Chamanalli, Bandalli Post, Yadgiri Taluka & District.

¶200

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Sri Basavaraj S/o Siddanagouda Age: 39 years, R/o Chamanalli, Bandalli Post, Yadgiri Taluka & District.

¶202

Smt. Sharanamma W/o Siddanagouda Age: 43 years, R/o Chamanalli, Bandalli Post, Yadgiri Taluka & District.

¶203

Kumari Pratibha D/o Shiva Reddy Age: 27 years, R/o H.No.5-140-3, Hosur Road, Yadgiri Town & District.

¶204

Sri Parvath Reddy S/o Gurangouda Age: 33 years, R/o Hadnoor, Shorapur Taluka, Yadgiri District.

¶205

Sri Mohanreddy S/o Gurangouda Navadgi Age: 40 years, R/o Hadnoor, Shorapur Taluka, Yadgiri District.

¶206

Smt. Sridevi W/o Mohan Reddy Navadagi Age: 30 years, R/o Hadnoor, Shorapur Taluka, Yadgiri District.

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Sri Mallangouda S/o Shivappa Gouda Sasnoor

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¶209

Age: 37 years, R/o Hadnoor, Shorapur Taluka, Yadgiri District.

¶210

49.	Sri Chandrashekhar S/o Siddanagouda Bonal Age: 54 years, R/o Hadnoor, Shorapur Taluka, Yadgiri District.
50.	Smt. Sridevi W/o Chandrashekar Bonal Age: 48 years, R/o Hadnoor, Shorapur Taluka, Yadgiri District.
51.	Sri Ramanagouda P. Desai S/o Parwathappa Gouda Desai, Age: 55 years, R/o Hadnoor, Shorapur Taluka, Yadgiri District.
52.	Sri Rudragouda S/o Nagappa Rabbanalli Age: 57 years, R/o Hadnoor, Shorapur Taluka, Yadgiri District.
53	Smt. Shanthamma W/o Rudragouda Rabbanalli Age: 47 years, R/o Hadnoor, Shorapur Taluka, Yadgiri District.
54.	Sri Basavaraj S/o Saheb Gowda Age: 38 years, R/o Hadnoor, Shorapur Taluka,

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¶212

Yadgiri District.

¶213

Smt. Neelamma W/o Basawaraj Yalagi Age: 33 years, R/o Hadnoor, Shorapur Taluka, Yadgiri District.

¶214

Smt. Channamma W/o Parvath Reddy Navadgi Age: 31 years, R/o Hadnoor, Shorapur Taluka, Yadgiri District.

¶215

Sri Sharan Gowda S/o Mahadevappa Gouda Age: 39 years, R/o Tangadgi, Ibrahimpur Post, Shahapur Taluk, Yadgiri District.

¶216

Sri Sharana Gouda S/o Shankukhappa Gouda Vanikyal, Age: 47 years, R/o Hadnoor, Shorapur Taluka, Yadgiri District.

¶217

Sri Mallangouda S/o Shanmukhappa Gouda Vanikyal, Age: 37 years, R/o Hadnoor, Shorapur Taluka, Yadgiri District.

¶218

Sri Subhash S/o Shivaputrappa Saradgi Age: 39 years,

¶219

¶220

R/o LIG-108, Badepur 1^st Phase, Gulbarga Town & District.

¶221

… RESPONDENTS

¶222

(Shri A. Syed Habeeb, Additional Government Advocate for Respondents No.1 and 3 Shri P. Vilas Kumar, Advocate for Respondents No.4 to 60)

¶223

This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in Writ Petition Nos.7994-8049/2012 dated 12.02.2015 and reject the writ petition.

¶224

WRIT APPEAL No.200131/2015:

¶225

BETWEEN:

¶226

Kailashnath Patil S/o Veerendra Patil, Age: 64 years, Occupation: Social Work & Ex.MLA, R/o: Chincholi – 585 302, Taluka: Chincholi, District: Kalaburagi.

¶227

… APPELLANT

¶228

(Shri P. Vilaskumar, Advocate for Shri K. Siddanna, Advocate)

¶229

AND:

¶230

The State of Karnataka Through its Registrar, Co-operative Societies,

¶231

¶232

Bengaluru – 560 009.

¶233

The Deputy Registrar of Co-operative Societies, & District Registrar of Societies, Kalaburagi – 585 102.

¶234

Hyderabad Karnataka Education Society, through its President Aiwan-E- Shahi Road, Near Station IB, Kalaburagi – 585 102.

¶235

Shri P.S. Shankar, Returning Officer HKE Society, Kalaburagi – 585 102.

¶236

… RESPONDENTS

¶237

(Shri A. Syed Habeeb, Additional Government Advocate for Respondents No.1 and 2, Sri Ashok S. Kinagi, Advocate for Respondent No.3)

¶238

This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to modify the order passed by learned Single Judge in W.P.No:80967/2012 dated 12.02.2015 in so far as not considering the prayer of the appellant for induction of him, in the respondent No.3 Society and consequently direct the respondent No.3 to induct the appellant as member of the Society.

¶239

WRIT APPEAL No.200043/2015:

¶240

BETWEEN:

¶241

Hyderabad Karnataka Education Society, Aiwan-E- Shahi Road,

¶242

¶243

Near Station IB, Gulbarga– 585 102. Represented by its President.

¶244

… APPELLANT

¶245

(Shri Ashok S. Kinagi, Advocate)

¶246

AND:

¶247

The State of Karnataka Through its Registrar, Co-operative Societies, Bangalore.

¶248

The Deputy Registrar of Co-operative Societies, & District Registrar of Societies, Gulbarga.

¶249

Shri Shivasharanappa S/o Sangangouda Patil, Age: 50 years, Occupation: Agriculture, R/o LIG-3, Opp: KEB Transform, MSK Mill Road, Shanti Nagar, Gulbarga – 585 101.

¶250

Sri Anantappa S/o Hanmanthappa Humpli Age: 75 years, Occupation: Rtd. Govt. Servant, R/o Plot No.46, NGO Colony, Okaly Camp, Sedam road, Gulbarga – 585 105.

¶251

¶252

Smt. Usha W/o Somashekhar Patil Age: 58 years, Occupation: Housewife, R/o H.No.1-79, “Sidda Ratna”, Dhanvantri Colony, Kusnoor Road, Gulbarga – 585 105.

¶253

Dr. Somashekhar S/o Sidramappa Patil Age: 68 years, Occupation: Professor, R/o H.No.1-79, “Sidda Ratna”, Dhanvantri Colony, Kusnoor Road, Gulbarga – 585 105.

¶254

Sri Hanmanthraya S. Patil Age: 73 years, Occupation: Agriculture, R/o Aloor (B), P.O. Suntanoor, Tq: Aland, Dist: Gulbarga.

¶255

Sri Shivakumar H. Patil Age: 41 years, Occupation: Agriculture, R/o Village Alur, Post: Suntanoor, Tq: Aland, Dist: Gulbarga.

¶256

Santosh S/o Suresh Patil Age: 35 years, Occupation: Agriculture, R/o H.No.1-79, “Sidda Ratna”, Dhanvantri Colony, Kusnoor Road, Gulbarga – 585 105.

¶257

Smt. Mohita Patil W/o Sanjeev Muddha Age: 29 years, Occupation: Agriculture,

¶258

¶259

R/o H.No.1-79, “Sidda Ratna”, Dhanvantri Colony, Kusnoor Road, Gulbarga – 585 105.

¶260

… RESPONDENTS

¶261

(Shri A. Syed Habeeb, Additional Government Advocate for Respondents No.1 and 2 Shri P. Vilas Kumar, Advocate for Respondents No.3 to 10)

¶262

This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in Writ Petition Nos.80541-50548/2011 dated 12.02.2015 and reject the writ petition.

¶263

WRIT APPEAL No.200050/2015:

¶264

BETWEEN:

¶265

Hyderabad Karnataka Education Society, Aiwan-E- Shahi Road, Near Station IB, Gulbarga– 585 102. Represented by its President.

¶266

… APPELLANT

¶267

(Shri Ashok S. Kinagi, Advocate)

¶268

AND:

¶269

The State of Karnataka Department of Revenue, Bangalore,

¶270

¶271

By its Secretary – 560 001.

¶272

The Registrar of Co-Operative Societies Bangalore – 560 001.

¶273

The District Registrar of Co-Operative Societies, Gulbarga – 585 102.

¶274

Shivanna S/o Sharanappa Hirapur Age: 69 years, Occupation: Retired Joint director, Industries & Commerce, R/o MIG, II Anand Nagar, Rajapur, Gulbarga – 585 104.

¶275

… RESPONDENTS

¶276

(Shri A. Syed Habeeb, Additional Government Advocate for Respondents No.1 to 3

¶277

Shri P. Vilas Kumar, Advocate for Respondent No.4)

¶278

This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in Writ Petition No.84827/2011 dated 12.02.2015 and reject the writ petition.

¶279

WRIT APPEAL No.200045/2015:

¶280

BETWEEN:

¶281

Hyderabad Karnataka Education Society, Aiwan-E- Shahi Road, Near Station IB, Gulbarga– 585 102.

¶282

¶283

Represented by its President.

¶284

… APPELLANT

¶285

(Shri Ashok S. Kinagi, Advocate)

¶286

AND:

¶287

The State of Karnataka Department of Revenue, Bangalore, By its Secretary.

¶288

The Registrar of Co-Operative Societies Bangalore.

¶289

The District Registrar of Societies/Deputy Registrar of Co-Operative Societies, Gulbarga.

¶290

Vasudev S/o K. Bhim Rao @ K.B. Vasu, Age: 31 years, Occupation: Asst. Editor, Jagvani Kannada Daily, And General Secretary, Dist: Bahujan Samj Party, R/o L.I.G-5, Anand Nagar, Rajapur road, Gulbarga – 585 105.

¶291

… RESPONDENTS (Shri A. Syed Habeeb, Additional Government Advocate for Respondents No.1 to 3 Shri P. Vilas Kumar, Advocate for Respondent No.4)

¶292

¶293

This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in Writ Petition No.80158/2011 dated 12.02.2015 and reject the writ petition.

¶294

WRIT APPEAL Nos.200292-200295/2015:

¶295

BETWEEN:

¶296

Shivanna S/o Sharnappa Hirapur, Age: 72 years, Occupation: Joint Director, I & C, R/o MIG-II, Anand Nagar, Rajapur Road, Kalaburagi – 585 105.

¶297

Shivaraj S/o Gurushantappa Patil Age: 53 years, Occupation: Professor, R/o H.No.104, ‘Mahantjyoti’, G.D.A. Layout, Gokul Nagar, Kalaburagi – 585 103.

¶298

Annarao S/o Basalingappa Punekar, Age: 71 years, Occupation: Retd. S.P., R/o H.No.171, Shanti Nagar, M.S.K. Mill Road, Kalaburagi – 585 103.

¶299

Vasudev S/o K. Bhim Rao @ K.B. Vasu, Age: 33 years, Occupation: Asst. Editor, Kannada daily and General

¶300

¶301

Secretary District Bahujan Samaj Party R/o LIG-5, Anand Nagar, Rajapur Road, Kalaburagi – 585 105.

¶302

… APPELLANTS

¶303

(Shri K.B. Rao, Advocate)

¶304

AND:

¶305

The State of Karnataka Through the Secretary to Government, Department of Revenue, Bangalore – 560 001.

¶306

The Registrar of Co-Operative Societies Bangalore – 560 001.

¶307

The District Registrar of Co-Operative Societies, Kalaburagi – 585 102.

¶308

The President Hyderabad Karnataka Education Society, Aiwan-e-Shahi Road, Kalaburagi – 585 102.

¶309

… RESPONDENTS

¶310

(Shri Ashok S. Kinagi, Advocate for Respondent No.4, Shri A. Syed Habeeb, Additional Government Advocate for Respondents No.1 to 3)

¶311

¶312

These Writ Appeals are filed Under Section 4 of the Karnataka High Court Act, praying to allow the writ appeals by setting aside the Judgment dated 12.02.2015 passed by learned Single Judge, in Writ Petition Nos.84827/2011, 80051/2012, 80090/2012, 80158/2012 as for as the prayer of the appellants in concerned for direction to the respondent No.4 to admit them as members of the respondent society.

¶313

WRIT APPEAL No.200046/2015:

¶314

BETWEEN:

¶315

Hyderabad Karnataka Education Society, Aiwan-E- Shahi Road, Near Station IB, Gulbarga– 585 102. Represented by its President.

¶316

… APPELLANT

¶317

(Shri Ashok S. Kinagi, Advocate)

¶318

AND:

¶319

The State of Karnataka Through its Registrar, Co-Operative Societies, Bangalore.

¶320

The Deputy Registrar of Co-operative Societies, & District Registrar of Societies,

¶321

¶322

Gulbarga.

¶323

Sir P.S. Shankar Returning Officer, HKE Society, Gulbarga.

¶324

Kailashnath Patil S/o Veerendra Patil, Age: 64 years, Occupation: Social work & Ex. MLA, R/o Chincholli, Taluka: Chincholli, Dist: Gulbarga.

¶325

… RESPONDENTS

¶326

(Shri A. Syed Habeeb, Additional Government Advocate for Respondents No.1 and 2 Shri B.V. Jalde, Advocate for Respondent No.3 Shri P. Vilas Kumar, Advocate for Respondent No.4)

¶327

This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in Writ Petition No.80967/2011 dated 12.02.2015 and reject the writ petition.

¶328

WRIT APPEAL No.200047/2015:

¶329

BETWEEN:

¶330

Hyderabad Karnataka Education Society, Aiwan-E- Shahi Road, Near Station IB,

¶331

¶332

Gulbarga– 585 102. Represented by its President.

¶333

… APPELLANT

¶334

(Shri Ashok S. Kinagi, Advocate)

¶335

AND:

¶336

The State of Karnataka Through its Registrar, Co-Operative Societies, Bangalore – 02.

¶337

The Deputy Registrar of Co-operative Societies, & District Registrar of Societies, Gulbarga – 585 101.

¶338

Rajeshwari W/o Channabasappa Patil, Age: 51 years, Occupation: Legal Practitioner & Agriculture, R/o H.No.10-105/48, Sharan Nagar, Opp: N.V. School, Gulbarga – 585 102.

¶339

Sangamesh W/o Channabasappa Patil Age: 24 years, Occupation: Student, R/o: H.No.10-105/48, Sharan Nagar, Opp: N.V. School, Gulbarga – 585 102.

¶340

¶341

Sandesh W/o Channabasapp Patil Age: 22 years, Occupation: Student, R/o: H.No.10-105/48, Sharan Nagar, Opp: N.V. School, Gulbarga – 585 102.

¶342

… RESPONDENTS

¶343

(Shri A. Syed Habeeb, Additional Government Advocate for Respondents No.1 and 2 Shri P. Vilas Kumar, Advocate for Respondents No.3 to 5)

¶344

This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in Writ Petition Nos.80923-80925/2011 dated 12.02.2015 and reject the writ petition.

¶345

WRIT APPEAL No.200090/2015:

¶346

BETWEEN:

¶347

D.r Siddanagouda S/o Mallikarjungouda Age: 59 years, Occupation: Professor of Surgery at MRMC Sedam Road, Kalaburagi – 585 102.

¶348

… APPELLANT

¶349

(Shri P. Vilas Kumar, Advocate for Shri K. Siddanna, Advocate)

¶350

¶351

AND:

¶352

The State of Karnataka Through its Registrar, Co-Operative Societies, Bengaluru – 560 009.

¶353

The Deputy Registrar of Co-operative Societies, & District Registrar of Societies, Kalaburagi – 585 102.

¶354

Hyderabad Karnataka Education Society, through its President, Aiwan-E-Shahi Road, Near Station IB, Kalaburagi – 585 102.

¶355

… RESPONDENTS

¶356

(Shri A. Syed Habeeb, Additional Government Advocate for Respondents No.1 and 2 Shri Ashok S. Kinagi, Advocate for Respondent No.3)

¶357

This Writ Appeal is filed Under Section 4 of the Karnataka High Court Act, praying to modify the order passed by learned Single Judge in WP No.84894/2011 dated 12.02.2015 in so far as not considering the prayer of the appellant for induction of him in the respondent No.3 Society to induct the appellant as member of the Society.

¶358

These appeals coming on for hearing this day, RAGHVENDRA S. CHAUHAN J., delivered the following:

¶359

¶360

JUDGMENT

¶361

Four appeals have been filed by individuals, namely Writ Appeal No.200089/2015, Writ Appeal No.2000131/2015, Writ Appeal No.200090/2015 and W.A.Nos.200292-295/2015, and the other appeals have been filed by the Hyderabad Karnataka Education Society. All the appeals challenge the order dated 12.02.2015 passed by a learned Single Judge in W.P.Nos.84895899/2011 and other connected writ petitions. Therefore all the appeals are being decided by this common judgment.

¶362

The facts of the case are been taken from Writ Appeal No.200027/2015, the appeal filed by the Hyderabad Karnataka Education Society (‘the Society’ for short). Briefly the facts of the case are that considering the backward condition of HyderabadKarnataka region, as it lacked facilities for primary, higher education and professional education, in 1957, the Divisional Commissioner made an effort to form an association which included certain Government officers, such as, Divisional

¶363

¶364

Commissioner, Deputy Commissioners, Members of Parliament and Members of Legislative Assembly. Eventually, in 1957 a Society was formed, namely the Hyderabad Karnataka Education Society, for the purpose of construction of medical and engineering college in the Hyderabad Karnataka region. In the year 1978 fresh members were inducted in the Society who were the residents of Hyderabad Karnataka region. In the year 1981, certain amendments were made in the by-laws of the Society, especially clause-7B (ii), whereby it was decided that the new members shall be admitted only upon a decision taken by not less than 2/3^rd majority of the Governing Council. In 2010, the Society invited applications for membership. However, some persons, who were aggrieved by the method adopted by the Society for granting membership, filed a complaint before the Deputy Registrar of Cooperative Society. Since such persons were also aggrieved by the action taken by the Deputy Registrar, they filed a PIL in the form of Writ Petition No.19466/2010 before this Court. By judgment dated 05.10.2010 the learned Division Bench of this Court gave certain

¶365

¶366

directions for admitting new members of the Society. Therefore, following the directions issued by the learned Division Bench, on 08.10.2010 the Society invited applications for new membership. However, by endorsement dated 28.10.2011 the Society rejected the applications so received. Thus, a large number of persons filed writ petitions challenging the endorsement dated 28.10.2011, and the endorsements passed on other dates. The learned Single Judge after hearing both the parties, set aside the amendment made in the by-laws as it was approved by the Deputy Registrar Co-operative Societies by order dated 31.03.1981, and directed the Society to follow the directions given by the learned Division Bench in its order dated 05.10.2010, and to process the applications so received, and to consider the same. Aggrieved by the said directions the present appeals have been filed before this Court.

¶367

Mr. P. Vilas Kumar Marthand Rao, the learned Counsel for the appellants in Writ Appeal No.200089/2015, Writ Appeal No.2000131/2015 and Writ Appeal No.200090/2015 has

¶368

¶369

vehemently contended that since the Governing Council has closed the doors upon inducting fresh members, and has formed a coterie of its own, therefore the appellant, Dr. Veeranna, should be permitted to be inducted as a member, and others similarly situated should also be permitted to be inducted as a member of the Society. For the Society cannot be permitted to be highjacked by the Governing Council. The appellants in W.A.Nos.200292-295/2015 have also made similar prayer before this Court.

¶370

On the other hand, Mr. Ashok S. Kinagi, the learned counsel for the Society, has assailed the impugned order on the ground that the learned Single Judge is unjustified in setting aside the amendment made in by-laws to clause 7B (ii) ostensibly on the ground that the Registrar had not indicated his satisfaction in the order dated 31.03.1981. Therefore, the Registrar had failed to comply with the requirement of Section 10, sub-section (2) of the Karnataka Societies Registration Act, 1960 (‘the Act’ for short). In order to buttress this plea, the learned Counsel has drawn the

¶371

¶372

attention of this Court to the order dated 31.03.1981 wherein the Registrar has clearly recorded his satisfaction after having studied the amendments proposed by the Society.

¶373

Secondly, the learned Counsel has pleaded that the amendment was required in the by-laws as the original by-laws of the Society permitted any person, who would pay the required amount of Rs.1,000/- to Rs.25/- to become a member of the society in different capacities. According to the learned Counsel, this would leave the doors of the Society wide open for any person to become a member of the Society. In order to filter the membership and to restrict the membership to certain quality of people, the amendment was introduced in 1981. The said amendment was duly approved by the Registrar by order dated 31.03.1981. Therefore, the learned Single Judge is unjustified in reaching his conclusion mentioned above.

¶374

Thirdly, by setting aside the order dated 31.03.1981, perforce the learned Single Judge has set aside even those amendments

¶375

¶376

which were not under challenge before this Court. For the Society

¶377

had proposed forty-one amendments, and all the forty-one amendments were duly approved by the said order. Therefore, the effect of setting aside the said order dated 31.03.1981 is that all the amendments so proposed, and accepted by the Registrar, have been set aside. According to the learned Counsel, the learned Single Judge has gone beyond the prayer made by the petitioners.

¶378

Heard the learned Counsel for the parties and perused the impugned order.

¶379

A bare perusal of the prayer made by Dr. Veeranna and other individual appellants that they should be inducted as members of the Society, to say the least, is a misplaced prayer. Since the learned Single Judge has already indicated the procedure to be followed, the individual appellants cannot claim a right to be inducted dehors the procedure so directed by the learned Single Judge. Moreover, no one can claim that he/she has a right to be inducted in a society, as a civil or a fundamental right. If the

¶380

¶381

person wants to be a member of a society, he/she would be free to apply for the membership in accordance with the procedure adopted by the society itself. Thus this Court, by no stretch of imagination, can direct the Society to induct a person as its member. Therefore,

¶382

this Court does not find any merit in the Writ Appeal No.200089/2015, Writ Appeal No.200131/2015, Writ Appeal Nos.200292-295/2015 and Writ Appeal No.200090/2015. Hence the said appeals are hereby dismissed.

¶383

The requirement of Section 10 (2) of the Act is that every amendment made under sub-section (1) should be filed with the Registrar, and if the Registrar is satisfied that the amendment made under sub-section (1) is in accordance with the provisions of the Act, he shall register it.

¶384

A bare perusal of the order dated 31.03.1981 clearly reveals that the Registrar had not only studied the amendments made by the Society carefully, but was also “satisfied” that the amendments were made in accordance with the provisions of the Act. Therefore,

¶385

¶386

the learned Single Judge was not justified in concluding that the Registrar was required to assign reasons in his order for being “satisfied” that the amendments were duly made in accordance with the Act. Since the order dated 31.03.1981 was an administrative order, there was no need for the Registrar to assign any reasons for his satisfaction. Once the Registrar had clearly indicated that he has studied the amendments and was duly “satisfied”, there is no reason to doubt his satisfaction. In fact, no evidence had been produced by the petitioners before this Court to show that the satisfaction was a misplaced one. Therefore, this Court is of the opinion that the conclusion drawn by the learned Single Judge that the satisfaction was not apparent is unjustified. Once the satisfaction had been recorded by the Registrar in the order dated 31.03.1981, the learned Single Judge is not justified in concluding that the requirement of Section 10(2) of the Act had not been fulfilled. Therefore, the learned Single Judge is not legally justified in setting aside the amendment in clause-7B(ii) of the by-laws of the Society.

¶387

¶388

Although this Court sets aside part of the impugned order, quashing the impugned order dated 31.03.1981, but the Society is still directed to issue notification as per the order dated 05.10.2010 in W.P.No.19466/2010. Therefore, the Society is directed to give vide publicity for inviting applications for membership by publishing public notice in Kannada, Urdu, Marathi and English languages in the Hyderabad Karnataka Districts through newspapers. The public notice must specify the format of the application. A public notice should also be displayed in the education institutions of the respondent society, office of the Deputy Commissioners, Assistant Commissioners and the office of Tahsildars of Hyderabad Karnataka Districts. On receipt of the application, the same shall be considered in accordance with by-law 7B (ii) of the by-laws of the society. The Registrar of Co-operative society is directed to supervise the issuance of public notification and calling of the application and their consideration.

¶389

¶390

For the reasons stated above, the appeals filed by the Society are partly allowed. The impugned order dated 12.02.2015 is partly set aside as indicated above.

¶391

Sd/JUDGE

¶392

Sd/JUDGE

¶393

swk

Kailashnath Patil S/O Veerendra Patil v. the State of Karnataka and Ors.

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Kailashnath Patil S/O Veerendra Patil v. the State of Karnataka and Ors.

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