SRI. R. SHIVAKUMAR SWAMY KURKI S/O K.M. REVANASIDDAIAH Vs. KANNADA SAHITYA PARISHAT PAMPA MAHA KAVI ROAD CHAMRAJPETE BENGALURU

JUDGEMENT

(1.) The petitioner Mr. Shivakumar Swamy Kurki and 15 other members claiming to be the Life Members of the Respondent-Karnataka Sahithya Parishat, Bangalore, have filed these writ petitions in this Court on 12.03.2018 challenging the Notice Annexure-A dated 'Nil', convening the meeting of the members of the Respondent-Parishat on 15.03.2018 at 11 AM i.e., today for considering the proposed amendment to the Rules and Bye-laws of Advisory committee and Executive Committee, along with the Draft of proposal to Bye-laws amendment.

(2.) On an urgent mentioning by the learned counsel for the petitioners Mr. Revanna Bellary, the matter was taken up put of turn today as the first case. The learned counsel submitted that the Karnataka Societies Registration Act, 1960, (for short 'the Act') governs the said Parishat and he submitted that the Meeting for amendment of Bye-laws and Memorandum governing the Respondent-Parishat, which is created for the welfare of the Literary persons and to develop the Literary activities of the said Respondent-Parishat and which is about 100 years old, cannot be amended without serving the mandatory Notice of 21 days on all the Members of the Parishat, who are said to be 3.50 lakhs in number.

(3.) The learned counsel for the petitioner submitted that it is mandatory for the Respondent-Parishat to serve a written or printed notice on every member of the Parishat of at least 21 clear days notice for such Special General Body Meeting and the Resolution proposing the amendment has to be passed by three times of the votes cast against the said Resolution as per Section 10(1) of the Act. Once such Resolution is passed, the said amendment has to be submitted with the Registrar of Societies as per Section 10(2) of the Act and if the Registrar is satisfied that the amendment made under sub-section(1) is in accordance with the provisions and rules made there under, he shall register the same and such amendment shall have effect from the date of Resolution under sub-section(1).