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1987 Supreme(SC) 919

SUPREME COURT OF INDIA
A.P.Sen : L.M.Sharma
B.Shivagegowda
Versus
Kowdley Channappa
Case No. : 460 , 461 of 1987
Date of Decision : 12/3/87

Headnote:

Karnataka Societies Registration Act, 1960 – Section 27-A – Appointment – Process of elections – Held, Court find that there is non-implementation of the courts order – In view of the subsequent events, we feel that this is pre-eminently a fit case where the State government should exercise its powers under Section 27-A of the Karnataka Societies Registration Act, 1960 and appoint an Administrator to carry out the functions and duties of the Society till new elections are held to the Executive Committee in accordance with the directions contained in the aforesaid order – Court order accordingly. – Court clarify that the list of life members so eligible to vote at the elections who shall constitute the electoral college shall comprise not only of the signatories to the Rules and Regulations framed but also comprise of such life members or patrons who had paid subscriptions and been admitted as life members or patrons of the Society, in accordance with the bye-laws, as on Janua 1/01/1980. – Registrar shall ensure that he completes the process of elections within two months from today. – Till the Administrator is appointed by the State government under S. 27-A of the Act, the Collector, Mandya or an officer designated by him, shall take charge of the affairs of the Society, including the management of the Law College .forthwith. – Special Leave Petitions Disposed of

(1) AFTER hearing learned counsel for the parties at quite some length, we find that there is non-implementation of the courts order dated 26/03/1987. In view of the subsequent events, we feel that this is pre-eminently a fit case where the State government should exercise its powers under Section 27-A of the Karnataka Societies Registration Act, 1960 and appoint an Administrator to carry out the functions and duties of the Society till new elections are held to the Executive Committee in accordance with the directions contained in the aforesaid order dated 26/03/1987. We order accordingly.

(2) IN modification of paragraphs 2 and 3 of the said order, we direct that the Registrar, Cooperative Societies, Mandya shall prepare a list of life members eligible for voting at the elections as contemplated by paragraph 3 thereof, as per the formula set out in paragraph 4. We clarify that the list of life members so eligible to vote at the elections who shall constitute the electoral college shall comprise not only of the signatories to the Rules and Regulations framed on 26/08/1972 but also comprise of such life members or patrons who had paid subscriptions and been admitted as life members or patrons of the Society, in accordance with the bye-laws, as on Janua 1/01/1980. The Registrar shall ensure that he completes the process of elections within two months from today.

(3) TILL the Administrator is appointed by the State government under S. 27-A of the Act, the Collector, Mandya or an officer designated by him, shall take charge of the affairs of the Society, including the management of the Law College .forthwith.

(4) SPECIAL leave petitions are disposed of accordingly.

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