K.PUTTANARASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is before this Court under Articles 226 and 227 of Constitution of India challenging Annexure-R dtd. 25/2/2022 bearing No.Vclub/Administration/DR-4/2021-22/363 wherein the administrator of second respondent-Club has made arrangement for day-to-day administration as well as prayer No.3 for a writ of mandamus directing respondents to conduct election to respondent club expeditiously in terms of the representation dtd. 29/4/2022.

(2.) Heard the learned counsel Sri.K.S.Naresh Santhosh for the petitioner, learned High Court Government Pleader Smt.Rashmi Patel for respondent No.1 and Sri.Muhammed Shamil who appeared through video conference for respondent Nos.2 and 3. Perused the writ petition papers.

(3.) Learned counsel for the petitioner would submit that under Sec. 27 of the Karnataka Societies Registration Act, 1960 (for short the Act) Administrator was appointed to second respondent-club vide Annexure-M dtd. 16/12/2022. It is submitted that the Administrator cannot delegate his powers to other members to carry on day-to-day administration. Thus, it is submitted that Annexures-Y and Z which are issued by the Administrator entrusting some of the works to some of the members is not in accordance with law. Further, learned counsel would submit that Administrator is appointed under order dtd. 16/2/2022 [Annexure-M] for the purpose of conducting election and till this date Administrator has not taken any action to conduct election.