B G RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER in Writ Petition No. 16365/2008 has sought for quashing the impugned order found at Annexure G dated 28th October 2008 issued by second respondent in so far as it relates to appointing fourth respondent as the Chairman of the managing committee of third respondent.

(2.) PETITIONERS in W.P. No. 14573/2008 & 16199-201/2009 have sought for quashing the impugned order found at Annexure U dated 11th November 2008 passed by the second respondent.

(3.) AFTER careful perusal of the impugned orders passed by the jurisdictional competent authority it is manifest on the face of the said orders that, the competent authority, has committed a grave error and material irregularity in proceeding to pass the impugned orders resulting in serious miscarriage of justice. It is significant to note that, in spite of the judgment of the Division Bench of this Court as referred above, the appointment of the petitioners in these petitions as Managing Committee members of the third respondent Institution have been safeguarded by the Division Bench by stating that, the order of the learned Single Judge shall not affect the appellants (petitioner in these petitions) in whatsoever manner. If that was the case, then the only option left for the authority was to appoint the remaining members of the Managing Committee and thereafter proceed to conduct election of the Chairman as provided under the relevant provisions of the Act and Rules by issuing the Notification, calling the members of the Managing Committee to elect the Chairman. This exercise appears to have not been done and on the contrary, the said authority has straightaway proceeded to nominate the fourth respondent as Chairman of the Managing Committee which is impermissible and contrary to the procedure envisaged under Act and such orders cannot be sustained. Hence, the impugned orders are liable to be set aside at the threshold.