K. H. NARAYANA SETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are directors of eighth respondent-Society. They are the members of the Managing Committee. The term of Management Committee came to end on 13.09.2019. Before expiry of the term, Returning officer was appointed on 30.07.2019 to conduct elections. However, elections were not conducted. After expiry of term, on 12.10.2019, the Special Officer was appointed as per Annexure-G to the petition. Petitioners are aggrieved by the appointment of Special Officer.

(2.) Shri Mahesh R.Uppin, learned advocate for the petitioners submitted that petitioners have always co-operated for conducting elections. Accordingly, the Returning Officer was appointed. Eighth respondent-society is a small society having only four lakhs in its bank account. If the Administrator is appointed, money may be withdrawn for various reasons and society may face financial crisis. This Court in similar situation, in W.Ps.No.19979/2015 c/w 19980-19982/2015 (Nijaguna Naika and others Vs. State of Karnatkaa and others), by interim order dated 12.05.2015, has permitted the elected board to continue with a further direction to hold elections.

(3.) Learned AGA argued opposing the petition.