SADANAND Vs. Y.V. DODDAMANI

JUDGEMENT

(1.) Appellant is the 4th respondent in Misc. Petition No. 109/2006. Being aggrieved by the order dated 26th March 2011 passed by the Principal District Judge, Dharwad, partly allowing the Misc. Petition filed by the respondent herein, the appellant has filed this appeal.

(2.) The respondent herein and other four persons filed Misc. Petition No. 109/2006 seeking for declaration, declaring that Sree Y.V. Doddamani as the Secretary and G.B. Sunagar and one B.R. Patil as the Managing Committee members of Sri. Channabasaveswar Education and Charitable Society (hereinafter referred to as 'the Society' for short), Aralikatti Taluk and to set aside all the resolutions passed by the 4th respondent S.B. Baligar in the capacity of Secretary of the Society. Further, they also sought for a direction to convene the General Body Meeting for holding fresh elections to the Managing Committee of Sri. Channabasaveswar Education and Charitable Society and to constitute managing committee.

(3.) The case of the petitioners in Misc. Petition is that Sri. Channabasaveswar Education and Charitable Society, B. Aralikatti, Taluk Hubli, Dharwad District is a society registered under the Bombay Public Trust Act (hereinafter referred to as 'the BPT Act' for short). Initially, the Society was consisting of 48 members. As per the Bye -law of the Society, the term of Managing Committee is for a period of three years. In view of the dispute between the members of the managing committee, there were fractions among the members and fighting litigations from the year 1982. In pursuance of the direction issued by the Division Bench of this Court in W.P. No. 27463/1992 and also the order made in MFA No. 1322/1989 directing the Charity Commissioner to hold elections to the Management, after approving the list of voters, in the General Body Meeting, elections to the Managing Committee was held on 08 -07 -1994, and elected the members to the Managing committee of Sri. Channabasaveswar Education and Charitable Society. The newly elected committee of management conducted the first meeting on 09 -07 -1994 and passed a resolution to submit a change report to the Assistant Charity Commissioner as contemplated under Sec. 22(1) of the BPT Act, to make necessary entries in PTR Extract. The persons who have lost in the election filed objections to the change report and the same was numbered as Enquiry No. 520/1994. The Assistant Charity Commissioner by his order dated 28 -08 -1996, after examining the objections and relevant records held that the election to the Managing Committee was not held in accordance with the bye -law of the Society and refused to implement the change report and rejected the said application. Being aggrieved by the order passed by the Assistant Charity Commissioner, an appeal was filed before the Charity Commissioner, Belgaum in Appeal No. 9/1996. The Charity Commissioner, after examining the matter dismissed the appeal upholding the order passed by the Assistant Charity Commissioner by its order dated 10 -07 -1998. Being aggrieved by the said order, Misc. Petition No. 57/1997 was filed before the Additional District Judge, Dharwad, wherein the said Misc. Petition also came to be dismissed. Being aggrieved by the same, MFA No. 4651/1998 was filed before this Court by the appellant herein. This Court, by its order dated 30th July 1999 disposed of the said appeal with a direction to the Charity Commissioner to consider the voter's list furnished by both the parties, after giving opportunity to both sides to file their objections and pass orders in compliance with the directions issued by the Division Bench of this Court in Civil Petition No. 523/1990 and also the order made in MFA No. 1322/1989 and to hold elections in accordance with law. In the meantime, the respondent herein and other four persons filed Misc. Petition No. 109/2006 before the Principal District Judge with the prayers referred to above.