SHANTHAVEERASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners, claiming to be the office bearers of Sri Shivayogiswamy Memorial Education Society, Kodla, are seeking to quash the impugned order at Annexure-N dated 4/10-8-1998 under which the 2nd respondent District Registrar of Societies has declared the office bearers, including respondents 3 and 4, as office bearers of the aforesaid society on various grounds. All the grounds urged in the writ petition need not be traversed in view of the fact that under Clause 7 of the bye-laws of the society the term of office of the office bearers is one year and that period had expired long back.

(2.) THE petitioners have already approached the Civil Court seeking declaratory relief and the Civil Court declined to grant interim order and the same was affirmed by this Court in C. R. P. No. 688/98. Annexure-N is followed by Annexure-P dated 30-6-1999 by which the list of office-bearers have been approved for the year 1999-2002. Hence, petitioners have filed I. A. III seeking amendment of the writ petition in that regard with an additional prayer to quash Annexure-P on the basis of the alleged amendments to the bye-laws.

(3.) CLAUSE 7 of the bye-laws of the society had been amended substituting 3 years in place of 1 year. The said amendment was passed in the meeting held on 5-7-1997 and the same was approved by the Registrar on 23-6-1999. The amendment effected was prospective from the date of its approval. Hence, the term of office of the office-bearers elected in the election shall not be for a period of 3 years. Hence, the election of office bearers for a period of three years under Annexure-P is bad in law and the same is liable to be quashed. Therefore, I. A. III is allowed.