O.MALLIKARJUN Vs. REGISTRAR OF SOCIETIES OFFICE

JUDGEMENT

(1.) The petitioners claiming to be members of the 2nd respondent-Association are before this Court under Article 226 of the Constitution of India praying for a writ of certiorari to quash the calendar of events dtd. 24/6/2022 published by the 4th respondent and for a direction to the 1st respondent to appoint an Administrator in functioning of the Association and conduct the election in a fair and transparent manner after publication of voters list in accordance with the bye-laws of the Association.

(2.) Heard Sri Subash Reddy, learned counsel for the petitioners and learned High Court Government Pleader for the respondents.

(3.) Learned counsel for the petitioners would submit that petitioners are Assistant Teachers in various Government Schools and they are members of the 2nd respondent-Association. They have paid prescribed membership fee and hence their names find place in the list of members of the Association in terms of Annexures-B and B1. It is also submitted that 2nd petitioner was elected to the governing council of the Association for the period 2014-15 to 2018-2019. After completion of the term of governing council, which was up to 2018-2019, General Body Meeting had not taken place to constitute the new committee due to COVID-19 Pandemic. It is the grievance of the petitioners that 2nd respondent issued calendar of events on 24/6/2022 and when the petitioners applied for copy of voters list, they found that the petitioners' names are left out in the eligible voters list. Therefore, the petitioners are before this Court challenging the calendar of events as well as for appointment of an Administrator to conduct proper elections. It is contended that election process initiated by the 2nd respondent is not fair and the election is also not based on the valid voters list. It is contended that names of the petitioners are deleted from the voters list without there being any reason. The 2nd respondent has failed to publish revised provisional voters list and to publish the final voters list. In the absence of voters list being finalized, the 2nd respondent-Assocation could not conduct election.