A.K. TORANAGATTI Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE petition is considered for final disposal at the stage of preliminary hearing in the 'B' group.

(2.) IT is stated that one Bhoopalapur claimed to be the Secretary of the Samithi in collusion with one Sri Sachidananda Swamiji Virakatrnath who claimed as President, were acting against the interest of the Samithi and were claiming to be parallely managing the Society and were indulging in several malpractices including manipulations of the records. Therefore, a writ petition was filed by the 1st petitioner herein, seeking to quash the communication of the 1st respondent - Deputy Registrar dated 19.08.2011 and 12.01.2012, by which the aforesaid were declared as Secretary and President of the Society. It was also sought that an enquiry be conducted under Section 25 of the K.S.R. Act in respect of the functioning of the Society. However, many representations made in this behalf were not considered. In turn, the members of the Society had also filed writ petitions, one of which was Writ Petition No. 76561/2013, seeking quashing of registration of the Society, on the ground that there was already a Society existing in the name of 'Katkol Vidyavaradhaka Society' and therefore, the registration of the Samithi was contrary to the provisions of the Act.

(3.) IN that view of the matter, since in view of rejection of the proposal to hold an election as proposed by Bhoopalapur and another, the Society is without any management and is left rudderless and hence the petitioners have made a request for appointment of an Administrator to the Society in the interregnum under Section 27(A) of the K.S.R. Act, which has been negated and therefore, the petitioners are before this Court.