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1997 Supreme(SC) 875

K.RAMASWAMY, D.P.WADHWA
K. Shantharaj – Appellant
Versus
M. L. Nagaraj – Respondent


ORDER

Leave granted.

We have heard learned counsel on both sides.

2. These appeals by special leave arise from the judgment of the Division Bench of the Karnataka High Court, made on March 17, 1997 in Writ Appeal Nos. 1464-66/94.

3. The indisputable facts are that the Committee was superseded by the Administrator who has been appointed by the Government to manage the affairs of the Society, pending further action. During the period of the administration, the Administrator had enrolled new members and given schedule of programme for conducting the elections to the Committee. The respondents challenged the order of appointment of the Administrator. The learned single Judge, while setting aside the order of appointment, held that the Administrator has no power to enroll new members; but he could conduct elections to the Committee of the Society as per the schedule of the programme. That was confirmed by the Division Bench. The material provisions in that behalf are contained in Sections 30 and 30-A of the Karnataka Cooperative Societies Act, 1959 (for short, the Act ). They read as under :

"30. Supersession of Committee:

(1) If, in the opinion of the Registrar-

(a) the committee of a



















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