LAWS(KAR)-2018-9-197

V HARIKRISHNAN Vs. STATE OF KARNATAKA AND OTHER

Decided On September 11, 2018
V Harikrishnan Appellant
V/S
State Of Karnataka And Other Respondents

JUDGEMENT

(1.) These intra Court appeals lay a challenge to the common judgment and order dated 09.04.2018 made by the learned Single Judge whereby the W.P.Nos.5874-5875/2017 (GM-KSR) connected with W.P.Nos.5876-5877/2017(GM- KSR) are disposed of as having become infructuous with a cost of Rs. 50,000/- payable by the fifth respondent herein who was the sixth respondent in the said writ petitions.

(2.) The appellant-Society has been registered under the provisions of The Societies Registration Act, 1860, way back in the year 1944 and it has got the bye-laws that are amended on 16.09.1964 and 21.10.2011, resulting into the increase of number of District Associations affiliated to it. These amendments are the subject matter of challenge in Appeal No.381/2013 pending on the file of the Karnataka Appellate Tribunal, Bengaluru (hereafter KAT).

(3.) The interim orders of the KAT in the above appeal were the subject matter of challenge in W.P.No.19991/2013 and later in W.A.No.3238/2013 which culminated into an order for holding elections to the Managing Committee of the Society, subject to outcome of the KAT appeal. Accordingly, the elections were held and the new Managing Committee was formed which had appointed one Mr.K.E. Prakash as the President, who resigned on 25.06.2015. The appointment of others to the said Office in succession was the subject matter of challenge in O.S.No.10531/2015 and O.S.No.8275/2016. Ultimately, the matter reached this Court in R.F.A.No.49/2017 which came to be allowed on 03.01.2017 permitting the election to go on, as scheduled i.e., 04.01.2017.