DR. D. SOMASHEKHARAIAH AND ORS. Vs. DISTRICT REGISTRAR AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND ORS.

JUDGEMENT

(1.) THE 3rd respondent is a Society registered under the Karnataka Societies Registration Act, 1960 (for short 'the Act'). Petitioners and the respondents 4 to 7 are its members. Petitioners were also the office bearers of the Managing Committee of the 3rd respondent for the period from 01.02.2006 to 13.09.2009. Respondents 4 to 7 having submitted a complaint, vide Annexure -C1, to the 1st respondent and the 1st respondent having forwarded the said complaint to the 2nd respondent on 10.02.2012 and the 2nd respondent having issued a notice, vide Annexure -C and having submitted a report, vide Annexure -D, based on which the 1st respondent having passed an order dated 16.05.2012, as at Annexure -F, the petitioners filed W.P. Nos. 19078 -80/2012. Based on the submissions of the learned advocates who appeared for the respondents therein, that the order under challenge is appealable under S. 26(2) of the Act and being of the opinion that the same is more efficacious remedy, the writ petitions were disposed of on 18.06.2012, reserving liberty to the petitioners, to file appeal under S. 26(2) of the Act. Appeal Nos. 425 and 433 of 2012 filed having been dismissed on 27.11.2012, vide the judgment, as at Annexure -A, these writ petitions were filed on 18.12.2012, to quash the judgment, as at Annexure -A and for granting of consequential reliefs. On 20.12.2012, taking note of the submissions made on behalf of the 3rd respondent by its learned advocate that the decision taken to suspend the petitioners herein was withdrawn and waived and the subject of suspension of the petitioners has been placed on the Agenda of the General Body Meeting scheduled to be held on 06.01.2013 and that the petitioners have also filed their nominations and shall be entitled to participate in the election, being of the view that there is no threat of denial of petitioners' right to participate in the election, awaiting the further developments, on the undertaking that the petitioners' right to participate in the election was not questioned, the petitions were adjourned.

(2.) I .A. No. 1/2013 filed by the respondents 4 to 7, to permit them to come on record as additional respondents was allowed on 18.04.2013.

(3.) CONTENTS of I.A. No. 1/2013 shows that in the election held on 06.01.2013, three petitioners have been declared as elected to the posts of President, Secretary and Joint Secretary of the 3rd respondent.