A KRISHNAMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who are the President and the Secretary respectively of an Institution called Mysore Riyasat Hindi Prachar Samithi (hereinafter called the Samithi) have filed this petition under Art 226 of the Constitution of India challenging the order bearing No. RD 12 EST 77 dated 17-8-1977 (Ext-E) of the Government of Karnataka (the first respondent herein) taking over the administration of the Samithi and appointing an Administrator to look after its affairs for six months from the date of its order. That period is being extended from time to time under the proviso to Clause (c) of sub-sec. (1) of S. 27A of the Karnataka Societies Registration Act, 1960 (the Act). the petitioners seek a writ of certiorari or other appropriate writ order, or direction quashing the impugned order. The Samithi is a Society registered under the Act with its Head Office at Bangalore. The object in the formation of the Samithi is to spread the knowledge of Hindi in the. State of Karnataka and starting and running of educational institutions. With that end in view annually it holds examinations and confers degrees and diplomas on the successful candidates. It receives aid both from the Central an the State Governments. To manage its day to-day affairs the samithi has an executive committee. The Samithi owns both moveable and immoveal properties. Any person who has attained his 18th year or above and who subscribes to the objects of the Samithi could be admitted by the executive committee as a member of the General Body provided he pays donations and subscriptions as prescribed. The General Body has certain powers and functions including the pqwer to lay down the general policy of the Samithi from time to time and electing its President. The control and management of the moveable and, immoveable properties of the Samithii vests in a Board of Trustees called Nidhi Palak Mandal. The General Secretary of the executive committee is the Convener of this Mandal. The executive committee itself is a, Body elect for a period of three yea'rs ordinarily by the General Body and its con" stitution is as laid down in para-11(a) of the Constitution of the Samithi (Ext.A).-The executive committee is quite a powerful Body and it is its duty to carry on the, work of the Samithi, to prepare the annual report, to audit statements together with accounts and present it to the General Body for consideration and adoption; to control, direct and supervise, different act- vitirs of the Samithi; and to confer degrees or diplomas on candidates successful at the examinations held by the Samithi.

(2.) The main ground of attack against the impugned ~rder is, that the same has been made in violation of the principles of natural justice.

(3.) Mamly two reasons have been assigned for taking over the management of the affairs of the Samithi. In the preamble to the order it is, staged that the Samithi has not maintained proper accounts re; its financial dealings and that it had contravened S. 10 of the Act in, giving effect to the amended bye-laws without the necessary sanction of the Registrar of the Cooperative Societies (Registrar). The order appointing the Administrator was preceded by an enquiry conducted by an Enquiry Officer appointed for the purpose by the Registrar under S. 25 of the Act. The Government Order is based on this enquiry report.