CHANNAPPA S/O KEMPEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is the former President of Srigandhada Kavalu Vasathi Rahithara Sangha (for short 'society'). The proceedings have reached this Court for the second time, albeit for different reasons. The factual matrix of the case can be summarized as follows: The society in question was registered under the provisions of the Karnataka Societies Registration Act, 1960 (for short 'Act') on 15.05.1972, before the second respondent - District Registrar, Bangalore Urban District, Bangalore. The object of the society is to distribute sites for the use of its members, to construct reading room and library for the use of the members, to open nursery and primary school for the children of the locality, to open adult education of the locality and so also to distribute sites to its members. The petitioner was elected as a President of the said society in the year 1992 and continued to act as such, till 18.01.1995. It appears during this period one Chennigaraya, was elected as the Secretary of the Society. Both the petitioner as well as Chennigaraya was elected as president and secretary, respectively.

(2.) To cut the long story short, suffice it to note, during the general body meeting held on 25.12.1994, certain serious charges were levelled against Chennigaraya, who was acting as the Secretary during that point of time, proceedings were initiated both civil as well as criminal. So far as criminal proceeding was concerned, a complaint was lodged against Chennigaraya and the then president of the society for offences punishable under Section 420 of the Indian Penal Code (for short 'IPC') and simultaneously on a complaint lodged by the members of the society, an Administrator was sought to be appointed. Insofar as criminal proceedings are concerned, both Chennigaraya and Thimmaiah who were accused nos.1 and 2 pleaded not guilty and were tried. The learned Trial Judge, convicted both the accused i.e., Chennigaraya and Thimmaiah for the offences punishable under Section 419 and 420 of IPC. The learned counsel to these proceedings would submit that criminal proceeding has attained finality and the accused have completed their terms in the prison.

(3.) The said Chennigaraya was before this court questioning the appointment of an Administrator to the Society in Writ Petition No.2815/2006, wherein an interim order was granted. But however, on a request made by the petitioner in that proceeding, the interim order was vacated in as much as, the erstwhile secretary was indulging in registering and executing sale-deeds in favour of other persons, who were non-members of the society. Hence, the interim order granted was vacated. The said order was questioned by the society represented by Chennigaraya by way of a writ appeal. The writ appeal was also dismissed.