Kumbara Sangha Vs the State of Karnataka

OFFICE AT NO.13, KUMBARA SANGHA COMPLEX KALASIPALYA NEW LAYOUT BENGALURU- 560 003 REPRESENTED BY ITS PRESIDENT SRI R SRINIVAS, S/O LATE P RAMAIAH AGED ABOUT 63 YEARS

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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KUMBARA SANGHA OFFICE AT NO.13, KUMBARA SANGHA COMPLEX KALASIPALYA NEW LAYOUT BENGALURU- 560 003 REPRESENTED BY ITS SECRETARY SRI S.GOVIND S/O SRI RAMAPPA AGED ABOUT 48 YEARS

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PETITIONER NO.1 AND 2 ARE REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960.

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…PETITIONERS

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(BY SRI. DEVI PRASAD SHETTY., ADVOCATE)

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AND:

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HC-KAR

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THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M S BUILDING, DR AMBEDKAR VEEDHI BENGALURU- 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF REGISTRAR NO.1, ALI ASKER ROAD BENGALURU- 560 001

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THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES(ICDP) OFFICE OF REGISTRAR NO.1, ALI ASKER ROAD BENGALURU- 560 052

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THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES(2ND ZONE) NO.146, 8TH CROSS 3RD MAIN ROAD, MARGOSA ROAD MALLESHWARAM BENGALURU-560003

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L.SRINIVAS

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S/O LATE LAKSHAMN AGED ABOUT 50 YEARS, PRESIDENT, KUMBARARA SANGHA NO.13, KALASIPALYAM NEW EXTENSION, BENGALURU- 560 002.

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V.NAGESH, S/O VENKATRAMANAPPA AGED ABOUT 55 YEARS, TREASURER, KUMBARARA SANGHA NO.13, KALASIPALYAM NEW EXTENSION, BENGALURU- 560 002.

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NC: 2026:KHC:21 WP No. 23799 of 2022

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HC-KAR

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7. GUNDAIAH

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S/O KENDASHETTY AGED ABOUT 65 YEARS, JOINT SECRETARY, KUMBARARA SANGHA NO.13, KALASIPALYAM NEW EXTENSION, BENGALURU- 560 002. [CAUSE TITLE AMENDED AS PER COURT ORDER DATED 05.01.2026]

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…RESPONDENTS

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(BY SMT. B.SUKANYA BALIGA, AGA FOR R1-R4; SRI. JAI PRAKASH REDDY.M., ADVOCATE FOR R5R7)

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THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE DIRECTION/COMMUNICATION DTD 03.11.2022 IN DRB2/SOR/DOORU/01/2022-23 ISSUED BY THE R4 IS HEREWITH PRODUCED AS ANNEXURE-L.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

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The petitioner is before this Court seeking following

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reliefs:

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"a) Issue a writ in the nature of certiorari quashing the direction/communication dated 03/11/2022 in DRB-2/SOR/DOORU/01/2022-23 issued by the respondent no 4 is herewith produced as Annexure L.

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b) To pass such other writ, order or direction as this Hon'ble court deems fit under the circumstance of the case."

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HC-KAR

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This petition is filed by, Kumbara Sangha as petitioner no.1 represented by its President R. Srinivas and also petitioner no. 2 represented by its Secretary S. Govinda. Cause title of the petition indicate that the petitioner nos. 1 and 2 are registered under the Karnataka Societies Registration Act, 1960.

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Learned counsel for the petitioner submits that

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arraying the petitioner twice in the cause title of the petition is an inadvertent bonafide mistake.

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Submission is taken on record.

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The petitioner-society which is registered under

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the Karnataka Societies Registration Act, 1960 is before this court seeking quashment of order communication dated 03.11.2022 issued by respondent no. 4 produced at

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Annexure-L. By the said communication, President/Secretary of the petitioner society has been informed that in the election held on 27.03.2022 to the Office Bearers of the Society, a new President, Secretary and Treasurer have been elected and the society has been called upon to allow the elected office bearers to function

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HC-KAR

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within the framework of the bye-laws of the society. The present petition is filed questioning the said direction/ communication.

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Learned counsel for the petitioner submits that respondent no. 4 has no jurisdiction to issue such a direction when there is already duly elected executive committee is in place headed by the President and Secretary whose names are shown in the cause title of the petition. He submits that forging the signature of certain members of the society, a subsequent list of office bearers has been furnished before the respondent no. 4 who in furtherance thereof has issued the impugned communication.

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He further submits that based on the said communication the subsequent persons claiming to have been elected as office bearers are creating unruly atmosphere in the day to day administration of the affairs of the society.

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Sri Jai Prakash Reddy M., learned counsel who has filed an application, I.A.No.1/2022 seeking to implead

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HC-KAR

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three persons who claim to be the subsequently elected office bearers, submits that the elections were conducted and they are the legally elected office bearers of the society. He submits that, based on the election, the respondent no. 4 has issued the communication and same cannot be found fault with.

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Smt. B. Sukanya Baliga, learned Additional Government Advocate representing respondent nos. 1 to 4 submits that the dispute is with regard to the election to the office bearers, which is inter-se between the members which requires to be sorted out under the general law inasmuch as the society which is the subject matter of the petition is registered under the Karnataka Societies Registration Act. She further submitted that the petition therefore itself is not maintainable and the parties may have to be relegated to avail such remedy as may be available under law.

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Heard the learned counsel for the parties and perused the material placed on record.

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HC-KAR

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There is no dispute on the fact that the Kumbara Sangha, the petitioner herein is a society registered under the Karnataka Societies Registration Act. Dispute as noted above appears to be one with regard to election to the office bearers of the said sangha. While the President and the Secretary shown in the cause title claim to be the legally elected office bearers of the society, the impleading applicants on the other hand claim themselves to be the newly elected members of the society.

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Since the issue is with regard to the claim of

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President and Secretary of the petitioner versus the respondent Nos. 5 to 7, involving disputed question of fact, petitioners are relegated to avail such remedy as may be available under law.

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This is also in view of the fact that the allegations of fraud is made against the respondent nos. 5 to 7 which is a disputed question of fact requiring a detailed consideration in the manner known to law. Without expressing any view on the merits or otherwise on the claim, the petition is disposed of reserving liberty to

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HC-KAR

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the petitioner to avail such remedy as may be available under law. It is made clear that such dispute, if any, raised, shall be disposed of in accordance with law after affording opportunity to the parties, without being influenced by the dismissal of this petition or by the communication impugned in this petition at Annexure- L.

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Sd/(M.G.S. KAMAL) JUDGE

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HR

Kumbara Sangha v. the State of Karnataka

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Kumbara Sangha v. the State of Karnataka

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