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2014 DIGILAW 368 (KAR)

Guruswamy v. Registrar of Societies

2014-03-19

B.S.PATIL

body2014
Judgment : 1. Petitioners are members of the 2nd respondent - Advocates Association, Malavalli in Mandya District. 2. The 2nd respondent is an Association registered under the provisions of the Karnataka Societies Registration Act, 1960. Election to elect members of the Executive Committee of the 2nd respondent and as also office bearers thereof was conducted on 04.03.2014. Results of the said election except that of the President have been declared. 3. In these writ petitions, though petitioners have sought for a direction against the 1st respondent not to accept any list of office bearers elected in the election conducted by the 3rd respondent to the 2nd respondent -association with a further direction to conduct fresh election in respect of 2nd respondent -association strictly in accordance with Clause 29 of the Bye-laws, during the course of arguments, learned Senior Counsel appearing for the petitioners, on instructions from the counsel on record and as also by the petitioners, present before the Court, submitted that petitioners do not press the reliefs sought in the writ petitions, if a fresh election to the post of President is ordered as agreed between the parties. 4. In fact, as the matter pertained to election of President of the Bar Association, this Court suggested to the learned counsel appearing for both parties to resolve the issue by arriving at an amicable settlement. Some serious efforts were indeed made. As a result, it transpires that both parties have agreed that fresh election shall be held to the post of President continuing from the stage of scrutiny of nominations. This has become necessary because in the election to the post of President already held, 1st petitioner and the 4th respondent secured equal number of votes and the controversy could not be resolved amicably. 5. It is suggested by both parties that the Chairman of the Bar Council or any member of the Bar Council duly authorized by him may be requested to become an Observer to oversee the election to the post of President. 5. It is suggested by both parties that the Chairman of the Bar Council or any member of the Bar Council duly authorized by him may be requested to become an Observer to oversee the election to the post of President. It is also agreed by both parties that in terms of the bye-laws of the 2nd respondent -Association, only those members who are entitled to participate by casting their votes in terms of Bye-law 6(iii) will only be allowed to participate in the voting and that scrutiny of the declarations already filed by the members in this regard shall be made by the Returning Officer - 3rd respondent herein. 6. In the light of the above, these writ petitions are disposed of recording the understanding reached between the parties with a direction to the Returning Officer to proceed with the election to the post of President of the Bar Association, Malavalli from the stage of scrutiny of nominations in terms of the observations made above. The Returning Officer shall, however, ensure that election process is completed and the results are announced expeditiously. I must express my satisfaction and appreciation for the efforts done by the Advocates appearing for both parties and also co-operation shown by all the members of the 2nd respondent - Association agreeing to march ahead with unity and brotherhood. This order shall be communicated to the Chairman of the Bar Council and the Returning Officer. A copy of this order shall be handed over to the counsel for all the parties.