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2019 Supreme(Kar) 1070
IN THE HIGH COURT OF KARNATAKA
P.B. BAJANTHRI, P.G.M. PATIL, JJ.
Hampana Gouda Badarali - Appellant
Versus
State of Karnataka Department of Revenue By Its Principal Secretary - Respondent
Writ Appeal No. 200547, 200548, 200549, 200550, 200551, 200552, 200553, 200554, 200555, 200519 of 2016
Decided On : 17-06-2019
Advocate Appeared:
Jayakumar S. Patil, Adv., K.M. Ghate, Adv., Kalyan Basavaraj, Adv., Ameet Kumar Deshpande, Adv.
The main legal point established in the judgment is the authority of the District Registrar to interfere with the administration of the Society and the election proceedings, as well as the requirement for the appellants and respondents to establish and determine the number of members of the Society before the appropriate forum.
Headnote:
SOCIETY - Karnataka Societies Registration Act, 1961 - [Section 25, Section 8, Section 9, Section 26] - The court discussed the power of the District Registrar to interfere with the election proceedings and administration of the society, the requirement of notice and provisions for holding fresh elections. The court upheld the District Registrar's authority to interfere with the administration of the Society and the election proceedings, citing the definition of the word 'constituent' and the lack of documentary evidence supporting the claim of only 15 members in the Society. The court also emphasized the need for the appellants and respondents to establish and determine the number of members of the Society before the appropriate forum.
Fact of the Case:
The case involved a dispute over the election proceedings and administration of a Society registered under the Karnataka Societies Registration Act, 1961. The Society's members questioned the proceedings of the District Registrar, Raichur, regarding the election of the President and other office bearers, leading to writ petitions and subsequent appeals.
Finding of the Court:
The court found that the District Registrar had the authority to interfere with the administration of the Society and the election proceedings, and the appellants failed to provide sufficient evidence to support their claim of only 15 members in the Society. The court also noted that the issue of the number of members in the Society needed to be determined before the appropriate forum.
Issues: The key issues included the District Registrar's authority to interfere with the election proceedings, the requirement of notice, the provisions for holding fresh elections, and the determination of the number of members in the Society.
Ratio Decidendi: The court's decision was based on the interpretation of the word 'constituent' in the Act, the lack of documentary evidence supporting the claim of only 15 members in the Society, and the need for the appellants and respondents to establish and determine the number of members of the Society before the appropriate forum.
Final Decision: The appeals were dismissed, and the court directed both the appellants and contesting respondent's faction to agitate their rights before the appropriate forum for the purpose of determining the number of members of the Society.
JUDGMENT :
P. B. BAJANTHRI, J.
1. These appeals arise out of the orders passed in W.P. Nos.30023 and 30221-230/2016 (CS-EL/M) connected with W.P. No.205546/2016 (GM-KSR). Writ Appeal No.200519/2016 filed by the Secretary- Valaballary Channabasaveswar Education Society registered by its President K. Veerangouda Maski and others (for brevity K.V.Maski).
2. Writ Appeal Nos.200547-551/2016 connected with W.A.No.200519/2016 arises out of common order of the learned Single Judge dated 18.11.2016 passed in W.P. Nos.30023 & 30221- 230/2016 c/w W.P.205546/2016 filed by Valaballary Channabasaveswar Education Society (Regd.) represented by its President Sri K Veeranagouda Maski and others and Vallaballary Channabasaveswar Education Society (regd.) represented by its Secretary Shrnik Raj Shet (for brevity S.R.Shet) respectively.
3. Brief facts of the case are that Valaballary Channabasaveswara Education Society (for brevity 'Society') is a Society registered under the provisions of the Karnataka Societies Registration Act, 1961 (for brevity the 'Act')'. The Society was registered on 30.12.1983. The said Society represented by its President Sri K. Veeranagouda Maski and ten others, claiming to be the members of the executive committee of the aforesaid Society and had presented writ petition Nos.30023 and 30221-30230/2016, questioning the proceedings of the District Registrar, Raichur dated 13.05.2016 vide Annexure-A. The District Registrar vide his proceedings dated 13.05.2016 by which the earlier communication/memorandum dated 02.05.2016, issued by him approving the newly elected President of Society and other office bearers, pursuant to the election held on 30.04.2016, is in terms of the Act and Rules read with Rules and Regulations of the Society, is without noticing the information furnished by the respondent No.3, for the period from 2015-2016 to 2017-2018 and that the District Registrar having not issued any directions to K.V.Maski, Election were conducted by him on his own and his supporters. He, therefore sought to withdraw the communication dated 13.05.2016, but due to oversight and typographical error instead of informing that the election conducted on behalf of K.V.Maski and his party faction to elect the members of the Executive Council (respondent herein) was invalid had issued communication on 02.05.2016, holding that the election conducted are quite valid. Therefore, the memorandum issued on 02.05.2016 was required to be canceled and held the same as cancelled. The District Registrar further ordered that Sri Hampana Gouda Badarali elected as Adyaksha and members of the governing council who were also elected along with him shall continue from 2015-16 till 2017-18 to manage the affairs of the Society as it was the said committee which had to be identified as valid executive committee. Feeling aggrieved by the proceedings of the District Registrar, respondents had filed the writ petition.
4. During pendency of the respondents' writ petition, appellant Sri. S.R.Shet filed W.P. No.205546/2016 in order to counter blast petition filed by the respondents on the presumption that in any event challenge made to the order passed on 2.5.2016 and 13.5.2016 cannot be entertained as the District Registrar has subsequently cancelled the said orders with reference to order dated 13.05.2016. Society consists of 138 or 122 or 25 or 11 members are disputed question of facts among the two factions led by Veeranagouda Maski and others (one group) and by S.R. Shet (another group).
5. In the Annual General Body meeting held on 01.02.2016 notice was issued, under the chairmanship of Hampana Gouda Badarali, fixing the date of meeting as 22.02.2016 on 10.00 a.m. One of the Agenda relates to appointment of Administrative member of Board of the Society for the year 2017-18. On 22.02.2016, in the committee, the total members were shown as 15 and presence
