Courts must respect the finality of decrees in organizational disputes, reinforcing the principle that leadership roles in societies are determined by properly adjudicated legal outcomes.

JUDGMENT :

H.P. SANDESH, J.

This writ appeal is filed praying this Court to set aside the order dated 07.01.2025 passed by the learned Single Judge in W.P.No.201487/2024.

2. The prayer sought by the petitioner in the writ petition is to quash Annexure-P2 dated 06.09.2023 issued by respondent No.1 and list of managing committee members submitted by respondent No.2 vide Annexure-P3 and to direct respondent No.1 to consider the representation dated 03.06.2024 submitted by the petitioner as well as list of executive members of the society for the year 2024-2025 submitted by the petitioner in the writ petition vide Annexure-S1.

3. The factual matrix of the case of the writ petitioner is that respondent No.2 therein was President of Shivayogiswamy Memorial Education Society, Kodla (for short, ‘Society’), who later resigned from the post on 19.06.1995 and on the same day, Sri Shantaveeraswamy was elected as President and the petitioner therein was appointed as the General Secretary of the Society. It is alleged that respondent No.2 therein and others were interfering with the affairs of the Society and therefore, a suit in O.S.No.138/1995 was filed before the Civil Judge (Junior Division), Sedam, for declaration that Sri Shantaveeraswamy was the President and Sri Shivalinga Swamy was the General Secretary of the Society, as per the General Body meeting dated 19.06.1995 and alleged resolution dated 04.07.1995 passed by defendant No.2 was null and void and not binding on the plaintiffs. They also sought the relief of perpetual injunction restraining respondent No.2 therein and another from interfering with the affairs of the Society. It is also contended that the said suit was decreed and the same was questioned in R.A.No.94/2005 which was dismissed vide order dated 22.09.2010. It is also contended that respondent No.2 in the writ petition had challenged the same in RSA No.7134/11, which was withdrawn on 29.05.2018.

4. In the writ petition, it is contended that list of office bearers was not registered and approved by respondent No.1 in view of pendency of dispute before the civil Court and also contended that respondent No.2 therein submitted list of members of Managing Committee to respondent No.1. Later, the petitioner also submitted a representation to cancel the registration of list of managing committee members submitted by respondent No.2 therien. Accordingly, respondent No.1 after noticing the decree passed in O.S.No.138/1995, cancelled the list of the committee members submitted by respondent No.2 in terms of communication dated 13.10.2008. The same was challenged in W.P.No.40558/2008 and the writ petition was disposed of. In the meanwhile, Sri Shantaveeraswamy died on 29.09.2010 and Sri Shivalinga Swamy was elected as President of the Society. The petitioner filed W.P.No.83132/2010 before this Court seeking direction to the respondents therein to consider the representation filed by it for grant in aid for the years 1995-1996 and 1996-1997. The said writ petition was disposed of in terms of the order dated 07.01.2011. The petitioner again filed W.P.No.81348/2012 for a direction to the respondents therein to consider the representations dated 01.03.2012, 21.09.2011, 14.10.2011 and 22.09.2011. The said writ petition was disposed of with a direction to the respondents therein to consider the representations filed by the petitioner therein. Thereafter, the petitioner submitted a representation dated 12.02.2019 requesting respondent No.1 to reject the statement of accounts filed by respondent No.2 in the writ petition.

5. When the things stood thus, a stranger purportedly claiming to be the General Secretary of the Soc