RAJYA VOKKALIGARA SANGHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, who have filed Writ Petition Nos.36772/2018 & 38410/2018 & 38413/2018 are the Temporary Secretary, Director and Former Assistant Secretary of Rajya Vokkaligara Sangha and the petitioners in Writ Petition Nos.36973-977/2018, are the Members of the Executive Committee of Rajya Vokkaligara Sangha.

(2.) The petitioners are before this Court for a writ of certiorari to quash the impugned Government Order dated 20.8.2018 bearing No. Sa.e.112 Sa.Sum.No.2018, Bangalore, appointing an Administrator to the Rajya Vokkaligara Sangha, and to declare that the action of the 1st respondent/State Government in appointing the Administrator to the Rajya Vokkaligara Sangha is in violation of Section 27-A(1)(c) of the Karnataka Societies Registration Act, 1960 (for short, hereinafter referred to as 'the Act').

(3.) It is the case of the petitioners that Rajya Vokkaligara Sangha (4th respondent in Writ Petition Nos.36973-977/2018) was originally registered as a Society under the provisions of the Mysore Societies Act on 9.9.1907. As per Rule 7 of the Bye-laws of the Sangha, the Executive Committee was formed and Directors were elected from 11 Districts and there are totally 35 Directors, who are elected and they constitute an Executive Committee. As per the provisions of Rule 7(3) of the Bye-laws, the Executive Committee shall elect two Presidents, one Joint Secretary, one Treasurer and one Assistant Secretary. In the Annual General Body Meeting held on 3.3.2002, the provisions of Rule 7(3)(a) came to be amended which provided for expressing 'No Confidence Motion' in respect of the office bearers and also the provisions provided 2/3rd majority of the members of the Executive Committee to vote in the 'No Confidence Motion'.