MUNISWAMY K Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Senior Counsel appearing for the appellants, the learned Additional Government Advocate appearing for first to third respondents, the learned counsel appearing for fourth to sixth respondents and the learned counsel appearing for eighth to eleventh respondents. Seventh respondent being the Election Officer is a formal party.

(2.) The dispute concerns the fourth respondent which is a Society registered under the Karnataka Societies Registration Act, 1960 (for short 'the said Act'). On 27th January 2017, an order was made by the first respondent appointing the second respondent as the Administrator of the fourth respondent in exercise of the power under Section 27A of the said Act. On 28th January 2017, a calendar of events was published by the Administrator for holding the election of the Board of Directors of the said Society. As per the said calendar, election was to be held to elect the Board of Directors for five years on 05th March 2017. It must be noted here that on 23rd February 2019, an order was made by the second respondent which records that the election to be held on 5th March 2017 was subject to the order in writ petition Nos.4975-4977/2017. There are further developments which are relevant and which need to be noted. On

(3.) rd February 2017, writ petition Nos.4975-4977/2017 filed by the present appellants was placed before the learned Single Judge. On that day, notice was issued and an interim order was issued to stay the impugned order of appointment of the Administrator provided, the Administrator has not taken charge. There is a communication issued on 03rd February 2017 by the second respondent informing that he has taken over the charge on 1st February 2017 as the Administrator of the said Society and he stated that the calendar of events declaring that election to be held on 5th March 2017 stands cancelled. For the sake of completion, we may note here that the said writ petition Nos.4975- 4977/2017 was filed by the present appellants challenging the order of appointment of Administrator passed on 27th January 2017 and for issuing a writ of mandamus for holding the election in terms of calendar of events published on 28th January 2017. The said writ petition was withdrawn under the order dated 01st February 2019 by the appellants. At this stage we may also refer to one more writ petition filed in this Court which is writ petition Nos.5633-5635/2017. The said writ petition was filed by eighth to tenth respondents and on 07th February 2017, the learned Single Judge passed the order in the said writ petition recording that the election if any, held pursuant to the notification dated 28th January 2017, will be subject to the result of the writ petition. The said writ petition was disposed of by the learned Single Judge by the order dated 1st February 2018, recording that taking into consideration the nature of writ petition, there is no need to keep the petition pending as the contentions which were raised by the petitioners could be adjudicated in writ petition Nos.4975-4977/2017 and writ petition Nos.57967-57970/2016. 3. There is one more event which is relevant to be noticed, before we come to the impugned order. It is about the endorsement dated 2nd May 2017 which has reference to the letter dated 16th March 2017 submitted by the Secretary of the said Society in accordance with Section 13 of the said Act. The Deputy Registrar of the Co-operative Society by the said endorsement dated 02nd May 2017 held that the appointment of the Election Officer has been cancelled and the issue regarding appointment of the Administrator of the said Society was pending before the Court. The Deputy Registrar also referred to FIR registered. Therefore, the Deputy Registrar observed that at that stage, there was no provision for according approval to the list of executive committee.