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2024 Supreme(Online)(KAR) 39251
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 31704 OF 2024 (GM-KSR)
BETWEEN:
DAKSHINA KANNADA DISTRICT MULYARA YANE KULALARA MATHRU SANGHA (R), MANGALURU REGISTERED UNDER A REGISTER UNDER THE SOCIETIES REGISTRATION ACT, 1960.
POLICE LANE, TELECOM HOUSE ROAD, MANGALURU-575 001 REPRESENTED BY ITS PRESIDENT SRI. MAYUR ULLAL S/O. THIMMAPPA, AGED ABOUT 50 YEARS.
…PETITIONER (BY SRI. Y. RAJENDRA PRASAD SHETTY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH THE SECRETARY, DEPARTMENT OF CO-OPERATION, Digitally signed by B ROOM NO.610, 6TH FLOOR, K MAHENDRAKU MAR M.S. BUILDING, BENGALURU-560 001.
Location: HIGH COURT OF KARNATAKA 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALL ASKAR ROAD, VASANTH NAGAR, BENGALURU-560 052.
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DAKSHINA KANNADA DISTRICT, OFF/AT JANATA BAZAAR, 1ST FLOOR, GANAPATI HIGH SCHOOL ROAD, MANGALURU-575 001 (D.K.).
4. THE RETURNING OFFICER/ELECTION OFFICER, OF DAKSHINA KANNADA DISTRICT, MULYARA YANE KULALARA MATHRU SANGHA ®
POLICE LANE, TELECOM HOUSE ROAD, MANGALURU-575 001 (D.K.).
5. SRL. PURUSHOTHAMA KULAL KALBAVI S/O. AAITAPPA MOOLYA, AGED ABOUT 64 YEARS, R/AT NO.5-59, KAVERI KALBAVI POST, KODIKAL GOVT. SCHOOL ROAD DEREBAIL MANGALURU - 575 006 (D.K.).
6. SRI. DAYANANDA ADYAR, S/O. LATE M. POOVAPPA, AGED ABOUT 58 YEARS, R/AT 3-121/1, PRAJNA KAUSHAL, MOODA ADYAR, NEAR NADUMANE ADYAR POST, MANGALURU, D.K.-575 007.
7. SRI. RAJENDRA KUMAR S.
S/O. S. GIRIJA AGED IN MAJOR, "GOKULA", NO.4-48/68, KEMBAR ROAD, PRASHANTH BHAG, 1ST CROSS, ALAPE VILLAGE, PADIL POST, MANGALURU- 575 007 (D.K.).
8. SRI. JAYANTA K. SANKOLIGE S/O. K. KRISHNAPPA, AGED IN MAJOR, NO.3-56, "HOMBELAKU" SANKOLIGE, SOMESHWARA, UCCHILA POST, ULLALA TALUK-575 020, MANGALURU-D.K.
9. SRI. SUDHAKAR N. SALYAN S/O. NARAYANA J. BANJAN, AGED IN MAJOR, MAA RESIDENCY, KAMBLA CROSS ROAD, SURATKAL-575 003 (D.K.).
10. SRI. KIRAN KUMAR A S/O. SHIVAPPA MOOLYA, AGED IN MAJOR, AJJAVARA VILLAGE AND POST, PUTTURU TALUK, MANGALURU-574 201. DAKSHINA KANNADA.
11. SRI. MAHABALA KULAL S/O. GANAPA KULAL, AGED IN MAJOR, RESIDING AT NO.4-349, SUKEERTHI, KEMPUGUDDE, NEERMARGA POST, MANGALURU- 575 029 (D.K.).
12. SRI. BHOJA ADYAR, S/O. DOOMAPPA MOOLYA, AGED IN MAJOR, PRASHANTH NILAYA, JOKATTE, MANGALURU-575 011 (D.K.).
13. SRI.ANIL DAS, S/O. MAHABALA, AGED IN MAJOR, SRI. DURGA NILAYA, AMBIKA ROAD, ULLALA POST, MANGALURU - 575 020 (D.K.). 14. SRI. JAYARAJ PRAKASH, S/O. LATE JAYA PRAKASH, AGED IN MAJOR, PRINT SHOP, KUDROLI, MANGALURU-575 003 (D.K.).
15. SRI. ASHOK KUMAR, S/O. VASU BANGERA, AGED MAJOR, NEW HOUSE, BARIGRA, KULURU, MANGALURU -575 013 (D.K.).
16. SRI. CHANDRASHEKAR PARAMESHWARA MOOLYA, S/O. LATE PARAMESHWARA C/O. NIRANJANA BELMAL, AGED ABOUT 74 YEARS R/AT HYDE-PARK, B-1402, SECTOR 35G, KHARGHAR, NEAR CENTRAL PARK, NAVY MUMBAI, OWE, RAIGARH, MAHARASHTRA-4102010.
17. SRI. BHAVANI SHANKAR FATHER NAME DO NOT KNOW AGED MAJOR, B.S. TAILOR, MAROLI, JODUKATTA, MANGALURU-575 005 (D.K.).
18. SRI. SHEENA MOOLYA P.
S/O. GURUVAPPA MOOLYA, AGED MAJOR, NO.1-S-25-2099/1, SHARADHI HOYGEBAIL, NEAR PRIYA ENGINEERING, URVA ASHOKANAGAR POST, MANGALURU-575 006 (D.K.).
19. SRI. GANGADHAR BANJAN FATHER NAME DO NOT KNOW AGED MAJOR, RESIDING AT SHREE LAXMI, JUMMU MASJID ROAD, KALAI, MANGALURU- 575 019 (D.K.).
…RESPONDENTS (BY SRI. K.P. YOGANNA, AGA FOR R1 TO R4;
SRI. ARUNA SHYAM M., SENIOR COUNSEL FOR SRI. SUYOG HERELE E., ADV. FOR R5, R13, R14 & R16)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.11.2024 BEARING NO. DRP.SANGHA.14.2024-25 PASSED BY THE R-3 THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DAKSHINA KANNADA DISTRICT, MANGALURU-575001 BY PASSING THE ORDER THAT, THE ELECTION HELD BY THE ELECTION OFFICER OF THE PETITIONER-SANGHA ON 10.11.2024 FOR TERM YEAR 2024-26 DECLARED BY THE ELECTION OFFICE AS VOID (ASINDHU) AND FURTHER DIRECTED TO ISSUE FRESH ELECTION SCHEDULE PUBLISH FOR THE YEAR 2024- 26 FOR ELECTING THE COMMITTEE MEMBERS OF THE PETITIONER-SANGHA WITHIN 45 DAYS TILL THE ELECTION IS COMPLETED THE EXISTING THE COMMITTEE SHALL CONTINUE THE WORK IN THE PETITIONER-SANGHA AS PER ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner challenges the order passed by Respondent No.3, wherein the election to the Managing Committee of the petitioner’s society was annulled on the grounds of illegalities and irregularities in conducting the election.
2. The provisions of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as “the Act”) do not grant Respondent No.3 the power or jurisdiction to review or invalidate the election process of a society registered under the said Act. The Act primarily governs the registration, operation, and regulation of societies in the State of Karnataka and does not confer any specific powers on the authorities, including Respondent No.3, to interfere with or adjudicate the internal affairs, such as the election process, of a society unless expressly provided for.
3. The election to the managing committee of a society is an internal matter governed by the society’s own constitution and bylaws, which are in accordance with the provisions of the Act. Therefore, any dispute regarding the conduct of elections, including allegations of illegalities or irregularities, falls under the realm of civil disputes rather than administrative review. The proper forum to adjudicate such matters is the jurisdictional Civil Court, where the aggrieved party can file a suit under the relevant provisions of civil law to seek redressal of their grievances. Accordingly, I pass the following:
ORDER i) The petition stands allowed.
ii) The impugned order dated 20.11.2024 passed by the third respondent at Annexure-A is hereby quashed.
iii) Liberty is reserved with the private respondents herein to approach the Jurisdictional Civil Court to challenge the election to the managing committee of the petitioner's society.
iv) If such a suit is filed before the Trial Court, the same to be disposed of expeditiously within the time frame of one year from the date of institution of the suit.
v) Liberty is reserved with the private respondents to seek such interim order as permissible in law.
vi) The Trial Court to adjudicate the suit without being influenced by any of the observations made to respondent No.3 by this Court
