ADI KARNATAKA VIDYABHIVRUDDI SANGHA; N NEELAGIRIAPPA; B T MALLIKARJUN; BASAVAMURTHY MADARA; S SIDDAPPA AND OTHER Vs. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES; STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) In these petitions, the petitioners are before this Court assailing the order dated 23.5.2009.

(2.) Petitioners in W.P.No.16504/2009 are one set of members claiming to be in charge of the affairs of the petitioner- Sangha. Petitioners in W.P.No.18166 and W.P.Nos.18724- 33/2009 are the persons who claim to be members of the same Sangha. In that view, there are rival contentions with regard to the membership of the said persons. It is in that light, the Registrar through the order dated 23.5.2009 after taking note of the contentions arrived at a conclusion that the persons who formed rival groups are all members of the Sangha. As against the consideration of the respondents 2 to 12 as members of the Sangha, petition in W.P.No.16504/2009 is filed while consideration of the group as indicated in paragraph- 4 of the order of the Registrar, the petition in W.P.No.18166/2009 and connected petitions are filed. The issue therefore essentially is with regard to the membership of the parties.

(3.) The order impugned no doubt would indicate that the proceedings have been initiated suo motu under Section 25 of the Karnataka Societies Registration Act. Though that is the position and what cannot be lost sight is that one Sri. B.T. Mallikarjuna, who is one of the petitioner in W.P.No.18166/2009 and the second respondent in W.P. No.16505/2009 had filed a petition in W.P.No.392/2006 before this Court assailing the order of appointment of an administrator dated 7.10.2005. This Court while disposing of the said petition, had taken note of the fact that in so far as the appointment of the administrator, the petition had rendered itself as infructuous. However, since the petitioner therein had also raised certain issues with regard to membership to the Society, this Court had left it open to the persons whose names is deleted from the membership of the society to agitate their rights in accordance with law under the provisions of the Karnataka Societies Registration Act.