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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
K. Shivanna, S/o. Kariappa @ Veerabhadregowda – Appellant
Versus
State Of Karnataka, By Its Secretary – Respondent
| Table of Content |
|---|
| 1. relief sought by the petitioners in writ petitions (Para 1 , 2 , 3) |
| 2. identification of points for consideration (Para 9 , 10) |
| 3. determination of the committee's term legality (Para 11) |
| 4. on principles of natural justice regarding administrator appointment (Para 12) |
| 5. requirements for inquiry before appointing administrator (Para 13) |
| 6. evaluation of administrator's appointment validity (Para 14) |
| 7. final dismissal of the writ petitions (Para 15) |
ORDER :
SURAJ GOVINDARAJ, J.
1. The Petitioners in W.P.No.33814 are before the Court seeking for the following reliefs:
i. Quash the Order dt: 08-10-2025 bearing No. DRB-4/SOR-02/23/2025-26 passed by Respondent No.2 marked as ANNEXURE 'C' and the Order dt: 03-11-2025 bearing No. CO 297 CSR 2025 passed by the Respondent No.1 marked as ANNEXURE "G" and the letter dt: 4-11-2025 bearing No.-NIL- issued by third respondent marked as ANNEXURE 'H" and the calendar of events dt: 05-11-2025 bearing No. -NIL- issued by Respondent No.4 marked as ANNEXURE 'J" by issuing a writ in the nature of Certiorari;
ii. Hold and declare that the existing Central Executive Committee of Petitioner No.12 is entitled to continue in of office for three fi
A society's governing body's term is strictly limited to three years; any extension requires new elections rather than relying on financial year definitions, emphasizing the importance of statutory c....
The court affirmed the validity of the election of the Committee of Management, emphasizing adherence to the Society's Bye-Laws and proper authority in convening meetings.
The court affirmed that the Registrar must prioritize internal management over external control in co-operative societies, using outside appointments only as a last resort.
The validity of a co-operative society's election resolution is upheld despite procedural lapses, provided errors stem from external administrative mistakes.
The managing committee ceases to hold office after six years per legislative amendments, authorizing administrator appointment under Section 77A.
The court affirmed the validity of the Committee's elections under the Societies Registration Act, emphasizing adherence to bye-laws and authority established through prior judicial rulings.
The State has discretion under the Gujarat Act to either extend the term of market committee members or appoint an Administrator after the term expires, depending on the existence of valid reasons fo....
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