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2025 Supreme(Kar) 2315

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ, J.
 
K. Shivanna, S/o. Kariappa @ Veerabhadregowda – Appellant
Versus
State Of Karnataka, By Its Secretary – Respondent 
Writ Petition No. 33814 Of 2025 (GM-KSR) C/W Writ Petition No. 33855 Of 2025 (GM-KSR)
Decided On : 28-11-2025
 

Advocates Appeared:
For the Appellant - Sri. M. R. Rajagopal., SR. Adv. For Sri. Shivaramu H.C., Adv.
For the Respondent: Sri. B.T. Banuprakash., Aag A/w Sri. B. Ravindranath., Aga, Sri. D.R. Ravishankar., SR. Adv. For Smt. M.L. Suvarna., Adv.

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 compliance over internal bye-laws.

Headnote:(A) Karnataka Societies Registration Act, 1960 - Section 2(f) and Section 27A - Appointment of an Administrator - Petitioners sought to quash orders directing elections before term expiry and claimed extension based on financial year definition - Court held term ends after three years with no extension past election deadline - Administrator appointed properly under Section 27A, following mandatory rules regarding governance - Natural justice principles not required for appointment when Committee term expired. (Paras 3.1, 11.20, 12.5)

(B) Societal Governance - Rules regarding term and election of office bearers must conform to statutory provisions, overriding society bye-laws, reflecting legislative intent for smooth operations - Committee cannot extend term amid pending projects indefinitely without statutory authority. (Paras 1.1- 4, 11.6-11.8)

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 financial years i.e., till 31-03-2026 or entitled to continue in office till the newly elected Body comes into power;

iii. Permit the Petitionersto hold election to the petitioner No.12 society within 3 months from today; and iv. Pass such other order as deems fit to grant under the circumstances of the case in the interest of Justice.

2. The Petitioners in W.P.No.33855 are before the Court seeking 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 Respondent No.5 is entitled to continue in of office for three financial years i.e., till 31-03-2026 or entitled to continue in office till the newly elected Body comes into power;

iii. Pass such other order as deems fit to grant under the circumstances of the case in the interest of Justice.

3. The facts in both matters are one and the same, and as such, are detailed hereunder:

3.1. M/s.KEB Engineers’ Association (R), who is Petitioner No.12 in W.P.No.33814/2025 and Respondent No.5 in W.P.No.33855/2025, is a Society registered under the Karnataka Societies Registration Act, 1960 (hereinafter referred to as ‘the KSRA , 1960’ for short) with its area of operation extending to all over Karnataka and in such places, where KEB Engineers Employees operate. Its members are engineers working in the Karnataka Electricity Board residing throughout Karnataka State. The said Society is managed by the office bearers and the Central Executive Committee elected from its members. It consists of a President and 38 members duly elected by the General Body consisting of representation from each of the cadres, i.e., Superintending Engineers, Executive Engineers, Assistant Executive Engineers, Assistant Engineers, two Zonal/Regional representatives duly elected by the respective Zonal/Regional centre, out of which one shall be the Secretary of the Zonal/Regional Centre and members to the Chief Executive Committee (‘CEC’ for short), 10 members out of which 6 members are retired engineers.

3.2. The elections to the Chief Executive Committee, Zonal Executive Committee, Regional Executive Committee and Divisional Executive Committee are required to be held once in three years to elect new committees and office bearers in accordance with the provisions of Bye-laws 10 and 11 of the Society.

3.3. The election to the existing CEC

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