2025 Supreme(Online)(Kar) 36771
THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
PROF. VASANTHAMMA – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 17037/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17037 OF 2025 (GM-KSR)
BETWEEN:
1. PROF. VASANTHAMMA W/O DR. NEELISIDDAIAH AGED ABOUT 79 YEARS FORMER VICE PRESIDENT UNIVERSITY OF MYSORE ALUMNI ASSOCIATION (R) MYSORE R/A MIG 37, GANGOTHRI LAYOUT HUDCO, MYSORE - 570 007 …PETITIONER (BY SRI. RAVI VARMA KUMAR, SENIOR ADVOCATE FOR SMT.G SHARADA BAI., ADVOCATE)
AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY Digitally signed DEPARTMENT OF CO-OPERATION by SHWETHA VIDHANA SOUDHA RAGHAVENDRA DR. AMBEDKAR VEEDHI Location: HIGH BANGLURU-560001.
COURT OF KARNATAKA
2. DISTRICT REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES PUBLIC OFFICE BUILDING NEW SAHYADRI RAO MYSORE 570 024.
3. UNIVERSITY OF MYSORE ALUMNI ASSOCIATION ®
BY ITS EX-OFFICIO CHAIRMAN AND VICE CHANCELLOR UNIVERSITY OF MYSURU, CRAWFORD HALL, MYSORE 570 005.
4. PROF. SRIKANTASWAMY FORMER SECRETARY, UNIVERSITY OF MYSORE ALUMNI ASSOCIATION (R) MYSORE R/A 139, MANJU KRUPA LAYOUT ITTIGE GUDU, MYSORE 570 010.
5. H.K. SATHISH, CO-OPERATION DEVELOPMENT OFFICER O/O DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE.-570001 …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1, R2 & R5:
SRI.KEERTHI KRISHNA REDDY., ADVOCATE FOR R3: SRI. CHANDRAKANTH R GOULY, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO R-2 TO PRESENT A REPORT U/S 25 OF THE ACT RECOMMENDING APPOINTMENT OF AN ADMINISTRATOR AND FURTHER DIRECT THE R-1 TO APPOINT AN ADMINISTRATOR U/S 27 A OF THE ACT FORTHWITH THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The Petitioner is before this Court seeking for the following reliefs;
i) Issue a Writ order of direction in the nature of mandamus to the respondent No.2 to present a report u/s 25 of the act recommending appointment of an administrator and further direct the r-1 to appoint an administrator u/s 27 a of the act forthwith.
ii) Issue a Writ, order or direction in the nature of mandamus giving consequential relief’s to hold election to the Executive Committee of the respondent society through an Independent Administrator and declare all action of the executive committee on and after 5.02.2025 as void abinitio and un-stainable.
iii) Issue a consequential direction to declare the notice dtd 15.05.2025 Aannexure-H) issued by the R-4 to hold the election on 14.06.2025 to the university of Mysore Alumini Association (R) as void and inoperative and consequential prohibit R-4 form acting as its secretary Annexure-H.
iv) pass any other order as this Hon’ble Court deems fit to the facts and circumstances of the case including an order as to cost in the interest of justice and equity. So far as petitioner is concerned.
2. The grievance of the Petitioner when the Petitioner approached this Court was that the office bearers of Respondent No.3-Association had continued to hold office despite the completion of their tenure. It is in that background that the aforesaid reliefs had been sought for.
3. Today, learned counsel for Respondent No.4 submits that Respondent No.4 has no objection for an Administrator to be appointed and for elections to be held.
4. Section 27A of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as ‘the KSR Act’
for short) is reproduced hereunder for easy reference:
“27A. Appointment of Administrator.- Notwithstanding anything in this Act,—
(1)(a) where any society on account of the pendency of litigation or otherwise has not held or is unable to hold the annual general meeting; or (b) where the term of office of the members of the governing body of a society has expired and a new governing body has not for any reason been constituted;
or (c) where on a report made by the Registrar or otherwise, on enquiry, the State Government considers it necessary in public interest so to do, the State Gover