Chikmagalore District High School Vs Under Secretary to the Government- 3

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NC: 2026:KHC:17638 WP No. 30610 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 30610 OF 2025 (GM-KSR)

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BETWEEN:

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CHIKMAGALORE DISTRICT HIGH SCHOOL HEAD MASTERS AND COMPOSITE PRE UNIVERSITY COLLEGE PRINCIPALS ASSOCIATION AGED ABOUT 54 YEARS S/O LATE GOVINDA NAIK R/AT VIDYABHAVANA BEEKANAHALLI ROAD ( K M CROSS ROAD) JYOTHINAGAR POST CHIKMAGALURU -5777102 REP. BY ITS PRESIDENT CHANDRA NAIK T G REGISTERED UNDER THE SOCIETIES REGISTRATION ACT 1956.

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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SURENDRA .N.S SECRETARY CHIKMAGALORE DISTRICT HIGH SCHOOL HEAD MASTERS AND COMPOSITE PRE-UNIVERSITY COLLEGE PRINCIPALS ASSOCIATION AGED ABOUT 58 YEARS S/O LATE SIDDAPPA GOWDA R/AT VIDYABHAVANA BEEKANAHALLI ROAD (K.M CROSS ROAD) JYOTHINAGAR POST CHIKMAGALURU-577102.

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…PETITIONERS

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(BY SRI. SACHIN .B.S, ADVOCATE)

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2 - NC: 2026:KHC:17638 WP No. 30610 of 2025

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HC-KAR

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AND:

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UNDER SECRETARY TO THE GOVERNMENT- 3 CO-OPERATIVE DEPARTMENT M.S.BUILDING, BANGALORE-560 001.

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THE REGISTRAR OF CO-OPERATIVE SOCIEITES KARNATAKA STATE BANGALORE-560 001.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIEITES CHIKMAGALORE DISTRICT OPP FIRE STATION, K.M.ROAD CHIKMAGALORE-577 102.

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DEPUTY DIRECTOR (ADMINISTRATIVE-SCHOOL EDUCATION DEPARTMENT) CHIKMAGALORE DISTRICT CHIKMAGALORE -577 102.

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…RESPONDENTS

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(BY SRI. K.P. YOGANNA, AGA)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 15/09/2025 PASSED BY THE 1^ST RESPONDENT AS PER ANNEXURE-A AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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NC: 2026:KHC:17638 WP No. 30610 of 2025

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HC-KAR

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ORAL ORDER

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The captioned writ petition is filed calling in question the legality and correctness of the order dated 15.09.2025 passed by respondent No.1, whereby an Administrator has been appointed to the petitioner–Association for the purpose of conducting elections. The petitioners have also assailed the consequential order dated 14.07.2025 passed by respondent No.4, whereby the request of the petitioner–Association seeking grant of On Official Duty (OOD) facility to the Headmaster of the School to enable his participation in the Annual General Body Meeting proposed to be held on 28.07.2025 has been rejected.

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Learned counsel appearing for the petitioners, at the outset, made an earnest attempt to assail the very appointment of the Administrator by contending that the same is arbitrary and not in consonance with the statutory scheme. However, during the course of submissions, the learned counsel fairly confined his prayer and sought

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NC: 2026:KHC:17638 WP No. 30610 of 2025

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HC-KAR

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indulgence of this Court to permit the erstwhile managing committee to convene the Annual General Body Meeting and proceed with the conduct of elections.

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This Court, upon a specific query as to the present status of administration, was apprised by the learned counsel for the petitioners that the Administrator so appointed has already assumed charge and is presently engaged in management of the affairs of the Association. In the light of this admitted position, it becomes necessary to examine the statutory framework governing such appointment.

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The appointment of an Administrator is

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traceable to Section 27-A(1)(c) of the Karnataka Societies Registration Act, 1960 (for short, ‘the Act’), which empowers the competent authority to appoint an Administrator in contingencies contemplated therein, particularly where the functioning of the governing body is found to be either impracticable or contrary to the

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5 - NC: 2026:KHC:17638 WP No. 30610 of 2025

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HC-KAR

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interests of the Society. Once such appointment is made and the Administrator assumes charge, the statute

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engrafts a complete code as to the discharge of functions by the Administrator.

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Sub-section (4) of Section 27-A of the Act casts a mandatory obligation on the Administrator to take all necessary steps to restore democratic governance of the Society. The said provision unequivocally mandates that, before the expiry of the term of appointment, the Administrator shall convene a General Body Meeting and ensure that elections are conducted for the constitution of a duly elected governing body. The legislative intent underlying Section 27-A is thus clear and unambiguous, namely, that the Administrator functions only as an interim statutory custodian, whose primary duty is to facilitate the transition from an appointed management to an elected body in accordance with the bye-laws of the Society.

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HC-KAR

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In the teeth of such statutory scheme, the prayer sought by the petitioners to permit the erstwhile committee to convene the General Body Meeting and conduct elections cannot be countenanced. Once the Administrator has stepped in and taken over charge in exercise of powers under Section 27-A, the authority of the previous governing body stands eclipsed, and it is only the Administrator who is vested with the statutory competence to manage the affairs of the Society, including the conduct of elections. Any direction permitting the previous committee to undertake such exercise would run contrary to the express mandate of Section 27-A and would defeat the very purpose of appointment of an Administrator.

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It is also brought to the notice of this Court that the Administrator has sought extension of his tenure, which appears to have been granted. In view of the same, it is incumbent upon the Administrator to strictly adhere to the statutory duties cast under Section 27-A(4) of the Act

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NC: 2026:KHC:17638 WP No. 30610 of 2025

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HC-KAR

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and ensure that the process of convening the General Body Meeting and conducting elections is completed within the extended period of his appointment.

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Accordingly, while declining to interfere with the impugned orders, this Court deems it appropriate to issue the following directions:

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(i) The respondent No.4/Administrator shall, in exercise of powers under Section 27-A of the Act, take immediate steps to secure all relevant records of the Association, including the updated voters’ list/membership register;

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(ii) The Administrator shall issue appropriate notice convening the General Body Meeting strictly in accordance with the bye-laws of the Association;

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(iii) The Administrator shall ensure that free and fair

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elections are conducted for constitution of the governing body;

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