R. SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners and respondent Nos.5 to 20 are the members of respondent No.4-Kumbarara Sangha (for short, 'Sangha'). The dispute is regarding the holding of election and appointment of the Managing Committee for respondent No.4-Sangha.

(2.) Sri. D. R. Ravishankar, the learned counsel for the petitioners would submit that in the statement of objections filed by respondent State Government, it has been very clearly stated that the election said to have been conducted on 05.03.2017 has not been approved by the Government. In this regard, the learned counsel for the petitioner draws the attention of this Court to an endorsement dated 02.05.2017 at Annexure-Q, issued by the District Registrar of Co- Operative Societies, wherein the District Registrar has very clearly held that the list of elected members of the Managing Committee which was submitted to the District Registrar for approval, has been rejected. Further, another endorsement dated 23.02.2019, at Annexure-C, which was also issued by the District Registrar, although states that the members of the Managing Committee elected on 05.03.2017 alone have the right to conduct the affairs of the Sangha, however, it was directed that a new committee requires to be formed and the same shall be subject to final outcome of the W.P.Nos.4975-4977/2017. The learned counsel submits that as on 23.02.2019, when the said order was passed by the District Registrar, W.P.Nos.4975-4977/2017 was already dismissed as withdrawn by an order dated 01.02.2019. The learned counsel therefore submits that in view of all these developments and in view of the fact that the members said to have been elected in the election held on 05.03.2017 was not approved by the competent authority, election is required to be held afresh in order to enable the affairs of the Sangha to be run in accordance with law.

(3.) The learned counsel for respondent No.4- Sangha submits that in the endorsement dated 23.02.2019 at Annexure-C, the District Registrar has in fact observed that the members elected in the election dated 05.03.2017 alone could conduct the affairs of the Sangha and therefore, the competent authority has recognized the election and therefore the said members elected in the election dated 05.03.2017 should be permitted to proceed in accordance with law. Moreover, it is submitted that the very same petitioners had also approached the State Government regarding the appointment of Administrator and the matter is still pending consideration before the State Government.