M G DODDEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are the members of 5th respondent-Hassan District vokkaligara Sangha. They have filed this writ petition seeking to quash the order at Annexure-N by which Administrator was appointed to the 5th respondent-society for a period of six months. An alternative prayer is made to direct the 2nd respondent to hold election to the governing council of 5th respondent as per the membership as existed on 9-11-2001, the date on which the Administrator was appointed. The grievance of the petitioners is that neither the Administrator nor the Advisory committee have authority to enrol new members. According to the petitioners, the members enrolled to various categories cannot be treated as members of the society.

(2.) THE Administrator was appointed on the report of the 3rd respondent-District Registrar in which it is stated that general body meeting and elections have not been conducted. This Court has already held that enrolment of members by the Administrator is not valid. In view of the law so laid down by the Apex Court in (1998)2 SCC 267 (sic), the members enrolled by the Administrator to various categories is null and void.

(3.) THE appointment of Administrator was for a period of six months or until charge is handed over to the newly elected members after holding election. In fact, general body meeting was conducted on 13-5-2001 in which, election was held to the governing council. The term of office of the elected members is three years. Without considering all these aspects, the report was submitted and based on the same the Administrator was appointed in the impugned order. Hence, the same is liable to be quashed.