VIDYODAYA VIDYA PEETHA EDUCATION SOCIETY BY ITS SECRETARY AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) BY this Writ Petition, the Petitioners have challenged the memo dated 25.11.1999 bearing No. Gee. Bem (Gra) Sangha Samsthe 10 of 1999 -2000 annexure as Annexure -C to the Writ Petition No. 43275 of 1999. It has to be mentioned there in that this Annexure -C is the same document which is Annexure -G in Writ Petition Nos. 44754 -55 of 1999.

(2.) ACCORDING to the Petitioners, the society convened its General Body Meeting in July, 1999. But in view of the fact that the general elections were notified, the Petitioner's society has forced to postpone the elections and the same was intimated to the Respondent No. 2 -Registrar. According to the allegations made at paragraph -4, after the completion of general election process, the society took a decision to convene the annual general body meeting in its office bearers meeting held on 8.11.1999 and one T. Srinivas was nominated to be the Returning Officer to convene the elections and the Calendar of Events as well as invitation/notice of Annual General Body Meeting letter was issued. The Petitioners' case is that after the declaration of results, a letter appears to have been issued on 24.11.1999 by the Hon'ble Minister for Department of Co -operation under reference as mentioned in Annexure -C and a memo was issued on 25.11.1999 in pursuance of the Minister's letter that the election of the general body which is scheduled to be held on 5.12.1999 and the process of which had commenced earlier be postponed and be not held and the memo directed that the said election had not to be held. In view of the two letters namely letter dated 24.11.1999 from the Co -operation Minister and the letter of reference dated 8.11.1999 issued by the District Registrar, Bangalore Rural Sangha Samste No. 10 of 1999 -2000, as there was a proposal sent to the Government to appoint the Administrator to this Institution, the Registrar ordered that since it has come to the notice of the authorities that the President of the Institution and the Secretary thereof that process of election has been initiated and it was being directed that the said elections be not held until further orders. It is this notice that has been challenged in these petitions. The Petitioners have filed these petitions on the ground that they have got no alternative remedy but to file these petitions. These petitions were filed on 2.12.1999. The order of this Court dated 3.12.1999 reads as under: Issue Rule and directed the Government Advocate to take notice for Respondents -1 and 2. Further, Interim stay of Annexure -C subject to the condition that the result of elections will be subject to the further orders in this petition. List for further orders on 11.1.2000.

(3.) THE Petitioner in the Writ Petition No. 43275 of 1999 has challenged the order dated 25.11.1999 and sought for its quashing and declaration of the said order, was illegal, null and void. While in the Writ Petition Nos. 44754 -55 of 1999, Petitioners have sought for quashing of the proceedings and the order of the Government dated 3.12.1999 in No. Kam. Ee, 63.MU. No. SO.99, Bangalore at Annexure -L to the writ petition, where by the Administrator had been appointed. The Petitioners have also prayed for grant of such further and other orders as are deemed necessary in the circumstances of the case. The Petitioners have challenged the order of appointment of Administrator to be illegal and in -operative on the grounds that the administrator could not be appointed under Section 27 -A of the Karnataka Societies Registration Act, 1960. In the matter of appointment of an Administrator, according to law the State Government can, on the report of Registrar or otherwise under the provisions of law and in the requirements thereof is to hold an enquiry as to the affairs of Society concerned after giving opportunity of hearing to the party concerned, it (Government) can/may appoint an Administrator where it is necessary in the public interest to appoint an Administrator. The Government may appoint an Administrator for a period not exceeding six months.