Disposed

The Karnataka State Government Grade I v. the State of Karnataka

Karnataka HC4 Jan 2024WP/7282/2022

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a writ petition challenging orders under Section 25 of the Karnataka Societies Registration Act. The court held that the petitioner society's term had expired and directed the State to conduct fresh elections within eight weeks, reserving the petitioner's right to challenge the ongoing enquiry report later.

What did the court decide?

The petitioner was not relieved of the enquiry; the court instead directed the State to conduct fresh elections within eight weeks due to the expiration of the society's term.

The Karnataka State Government Grade I Vs the State… — Cooperative Societies | Karnataka HC (2024)

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NC: 2024:KHC:434 WP No. 7282 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7282 OF 2022 (GM-KSR)

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BETWEEN:

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THE KARNATAKA STATE GOVERNMENT GRADE I PHYSICAL EDUCATION TEACHERS ASSOCIATION OFFICE ADDRESS: GOVT. PRE-UNIVERSITY COLLEGE (HIGH SCHOOL SECTION) YELAHANKA BENGALURU - 560 064. REPRESENTED BY ITS RPESIDENT SHRI GIRISH NAYAKA S/O VENKATARAMAN AGED ABOUT 48 YEARS R/O GOVT. HIGH SCHOOL, TENGINAGUNDI VILLAGE BATKAL TALUK, UTTARA KANNADA DISTRICT.

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…PETITIONER

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(BY SRI. P.G.YATNAL, ADVOCATE)

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA, BENGALURU - 01 REP. BY ITS PRINCIPAL SECRETARY

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU URBAN, ZONE 1, NO.146, ”SAHAKAR SOUDHA” 8^TH CROSS 3^RD MAIN, MAGOSA ROAD BENGALURU – 03.

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NC: 2024:KHC:434 WP No. 7282 of 2022

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THE ASSITANT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU URBAN , ZONE I , NO.146 ”SAHAKAR SOUDHA” 8^TH CROSS 3^RD MAIN, MAGOSA ROAD BENGALURU – 03.

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SMT. ANNAPURNA C.ASKI AGED ABOUT 55 YEARS R/O GOVT. PRE-UNIVERSITY COLLEGE (HIGH SCHOOL DIVISION KOPPAL – 583 231)

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SRI. VIJAY KUMAR AGED ABOUT 40 YEARS R/O 14/3, 24^TH ‘A’ CROSS, JAYANAGAR 6^TH BLOCK, BENGALURU - 560 082.

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SRI. SHRINIVASA REDDI S., AGED ABOUT 47 YEARS R/O 19-2-219, SHIVANAGAR(N) NEAR AKKAMAHADEVI TEMPLE BIDAR – 585 401.

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SRI. VENKATARAMAN S/O NINGAPPA AGED ABOUT 44 YEARS R/O 20, 3^RD CROSS ,PATTANDURU GUTTA WHITEFILED, BENGALURU – 560 066.

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SRI. PERUMAL S/O MUNIKRISHNA AGED ABOUT 55 YEARS R/O 405, 3^RD FLOOR YASHODHAMMA COMPLEX HILALICHA GATE, CHANDAPUR ANEKAL TALUK, BENGALURU – 560 099.

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NC: 2024:KHC:434 WP No. 7282 of 2022

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SRI. ABBAYYA S/O PUTTASWAMI AGED ABOUT 48 YEARS R/O U2, 10^TH CROSS, YALLAPPA GARDEN NEAR ARMY LAB, MALLESHWARAM BENGALURU – 560 055.

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…RESPONDENTS

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(BY SRI. KIRAN KUMAR, HCGP FOR R1 TO R3; SRI. PATIL KALYAN RAO SHANKAR RAO, ADVOCATE FOR R4 TO R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER VIDE L NO. DATED 29/07/2021 PASSED BY RESPONDENT NO.2 PRODUCED AS ANNEXURE-D. TO ISSUE WRIT OF CERTIRORI QUASHING THE REPORT OF THE R-3 VIDE DATED 16/02/2022 PRODUCED AS ANNEXURE-E.

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THIS WRIT PETITION, COMING ON FOR ORDERS HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court calling in question an order dated 29.07.2021 passed by the second respondent as also an order dated 16.02.2022 passed by the third respondent. Those orders are direction of conduct of an enquiry against the petitioner - Society under Section 25 of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as ‘the Act’ for short).

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NC: 2024:KHC:434 WP No. 7282 of 2022

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Heard the learned counsel Sri.P.G.Yatnal, appearing

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for the petitioner, Sri.Kiran Kumar, learned High Court Government Pleader for respondent Nos.1 to 3 and the learned counsel Sri.Patil Kalyan Rao Shankar Rao, appearing for respondent Nos.4 to 6.

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The petitioner - Association was formed on 13.01.2015 and pursuant to conduct of election to the body of

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the petitioner – Association, the members of the Association got elected on 15.09.2019. The term, in terms of the by-law is for a period of four years. Therefore, the term of the elected body came to an end on 15.09.2023. During the subsistence of the tenure of the body, the petitioner preferred the subject writ petition contending that the enquiry instituted against the petitioner was contrary to law, as all the allegation was against the former President, who had by then died and therefore, the enquiry should not be conducted against this petitioner.

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This Court entertained the petition and directed conduct of an enquiry, but not giving effect to the report of the enquiry officer, without the leave of the Court. Therefore, the

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NC: 2024:KHC:434 WP No. 7282 of 2022

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enquiry report is placed before the Court for further orders to be passed.

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Learned counsel for the petitioner would reiterate his submissions that are averred in the petition that they are not responsible for any of the misappropriation of funds or otherwise, as is alleged in the complaint before the Registrar and in an enquiry under Section 25 of the Act. He would submit that all the allegations were against the former President, who had died by then and the enquiry is commenced against this petitioner after the death of the President.

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The learned HCGP would refute the submissions to contend that there are large scale misappropriation by the present committee, the members of whom are not even constituted in accordance with law. After the death of the President, they have themselves assumed the charge of the members and the President and have gone on to misappropriate several funds of the Society. Therefore, he would submit that the enquiry report should be given effect to

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NC: 2024:KHC:434 WP No. 7282 of 2022

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and the conclusion of the enquiry should be taken to its logical end.

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The learned counsel Sri.Patil Kalyan Rao

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Shankar Rao, representing respondent Nos.4 to 6 would toe the lines of the learned HCGP in contending that the term of the elected body came to an end on 15.09.2023 and are continuing in office contrary to law. The elections have to be held by the Administrator and not by the present body, who are facing allegations of several mismanagement and misappropriation. He would submit that the petition be dismissed and the enquiry be permitted to be taken to its logical conclusion.

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The afore-narrated facts are not in dispute. The enquiry is conducted under Section 25 of the Act by the Registrar. The petitioner had participated in the enquiry and the report of the enquiry is placed before the Court. Any observations being made with regard to the report of the enquiry would prejudice the case of the petitioner while he would want to challenge the findings of the enquiry or the order that is passed upon the findings of the enquiry, at a later point in time.

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NC: 2024:KHC:434 WP No. 7282 of 2022

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What merits consideration is, the submission of the respondents with regard to the term of the elected body getting over. The term commenced on 15.09.2019 and in terms of the bi-laws, the term of the elected body is for a period of four years, which would come to an end on 15.09.2023. The time is long over. The petitioner has continued in office pursuant to the interim order granted by this Court even today. Therefore, they are continued in office long after the completion of their term. The elections will have to be held to the petitioner - Society, without any loss of time, but not by the committee that is now present, but by an Administrator being appointed by the State in the teeth of the term of the elected body already over four months ago.

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For the aforesaid reasons, the writ petition deserves to be disposed, reserving liberty to the petitioner to call in question either the enquiry report or any order that would be passed pursuant to the enquiry report in a manner known to law.

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All contentions urged by the petitioner before this Court in the subject petition, shall remain open.

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NC: 2024:KHC:434 WP No. 7282 of 2022

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Since the term of the elected body is over on 15.09.2023, the State shall take steps to conduct the election of the Society to bring in a new elected body. This would have nothing to do with the enquiry and the report of the enquiry that is placed before this Court, that is a separate cause of action, as observed in the course of the order.

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The elections shall be conduced within an outer limit of eight weeks, in accordance with law, if not earlier.

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With the aforesaid observations, without acceding to the prayer sought, the petition stands disposed.

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Sd/JUDGE

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List No.: 1 Sl No.: 0

The Karnataka State Government Grade I v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

The Karnataka State Government Grade I v. the State of Karnataka

Case brief

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What did the court decide?

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