R SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The lis brought before this Court was regarding the holding of election and appointment of managing committee for the 4th respondent-Kumbarara Sangha. This matter was disposed of by order dated 11.03.2020. However, the matter was taken up on appeal in W.A.No.286/2020 and by order dated 20.07.2020 the Hon'ble Division Bench has remanded the matter for considering the issue of legality and validity of the election held on 05.03.2017.

(2.) The chronology of events is required to be narrated in order to understand the controversy. On 19.09.2011, election was held to the Board of Directors. As per the Bye-laws of the Society, the term of the elected Board of Directors is five years. However, the State Government appointed an administrator to take care of the affairs of the Society on 17.10.2014. The appointment of the administrator was challenged by the then Directors in W.P.Nos.50210/2014 and 50212/2014. This Court on noticing that no enquiry was held as contemplated under Section 27-A(c) of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as 'the Act', for short) and therefore, set aside the order of appointment of administrator, by order dated 08.12.2014. Consequently, an enquiry seems to have been held. It was noticed that the previous election for the Board of Directors was held on 19.09.2011 and the five years term came to an end on 18.09.2016. Consequently, an administrator was appointed by order dated 27.01.2017, in terms of Section 27-A(1)(b) of the Act for a period of six months, to enable the administrator to hold election after setting right the irregularities found in the Society. The order of appointment of administrator was once again challenged in W.P.Nos.4975-4977/2017. An interim order dated 03.02.2017 came to be passed staying the appointment of administrator while observing that there shall be interim stay subject to the administrator not already assuming the charge.

(3.) Learned counsel for the petitioner has taken this Court through Annexure-F, dated 01.02.2017, which is a communication made by the administrator to the Under Secretary to Government, Department of Cooperation stating that he has assumed charge as administrator of the Society on 01.02.2017, afternoon. After assuming charge, the administrator has made a communication dated 03.02.2017, to Sri.A.C.Nanja Reddy, the 5th respondent herein, who was appointed as Election Officer at the behest of the Board of Directors, bringing to his notice his appointment as administrator and cancelled the Calendar of Events dated 28.01.2017, which was announced by the Election Officer. Nevertheless, the Election Officer seems to have proceeded with the elections on 05.03.2017 and declared the list of newly elected Board of Directors on 05.03.2017, as found at Annexure-B.