BRIJESH PATEL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions are heard and disposed of together as they pertain to the same society arising out of the same set of circumstances.

(2.) The petitioner in W. P. 14712/2009 is presently the Honorary Secretary of the Karnataka State Cricket Association (hereinafter referred to as the 'KSCA' for brevity). He is a former international cricketer and has held many positions including the post of the Director, National Cricket Academy and was also the Chairman of the Selection Committee, Board of Cricket Control in India, to mention two. The Petitioner states that respondents 5 and 6, who are members of KSCA, are said to have filed an application purportedly under Section 25 of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as the KSR Act, for brevity) calling upon the Registrar of Societies to hold an enquiry into alleged financial and other irregularities in the management of KSCA. Pursuant to the same, the Secretary, KSCA was issued a notice dated 1-9-2007 calling upon him to reply to the allegations. As the petitioner who was the Secretary at that point of time, had not replied to the same, another notice dated 3-10-2008 was issued reiterating the same. The petitioner was served with a third notice dated 4-11-2008 to the same effect. The petitioner is said to have filed a detailed statement in reply to the same on 4-11-2008. The petitioner contends that the allegations were false and baseless and were obviously intended to tarnish the name of the petitioner and to prevent him from being elected as the Secretary at the ensuing election of officer-bearers of KSCA, which was slated a few months after the date of the application. In any event, the allegations related to three issues : Firstly the KSCA had entered into certain contracts with (a) M/s. Composite Travels Private Limited (b) M/s. S. K. Ram and Sons, M/s. Atlanta Pumps Private Ltd., and (c) Sporting Frontiers (India) Private Limited and that the Petitioner as Secretary and one S. K. Ramdhyani (who is the petitioner in W. P. 14713/2009) and one other B. N. Subramanya, a member of the Financial Advisory Committee of KSCA, each of whom had interests in one or the other of the above entities, had facilitated and channelized business transactions of KSCA in favour of the said entities thereby enriching themselves and causing loss of revenue to KSCA. More particularly, it was alleged against the petitioner that KSCA had purchased air tickets though M/s. Composite Travels Private Limited, of which the petitioner was the director, for a total sum of Rs. 48 lakh, during the period 2001 to 2007. The Registrar of Societies, by an order dated 10-12-2008. has appointed respondents 3 and 4 to look into the alleged financial irregularities. It is this, which is sought to be challenged in the above petition.

(3.) In W. P. 14713/2009 the petitioner is a member of the Technical Committee of KSCA. He was a member of the managing committee of KSCA during 1999-2004 and the Vice President during 2004-2007. He has sought to challenge the very enquiry ordered on similar allegations made against him, as against the petitioner in W. P. 14712/2009.