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Karnataka High Court · body

2019 DIGILAW 2261 (KAR)

K. H. Narayana Setty S/o Hanumatha Setty v. State of Karnataka By Its Secretary Department of Cooperation

2019-12-09

P.S.DINESH KUMAR

body2019
ORDER : 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 cooperated 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 If the Administrator is appointed, money may be withdrawn for various reasons and society may face financial crisis.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 1998019982/2015 (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. 4. I have carefully considered rival submissions and perused the records. 5. Undisputed facts are, the term of Managing Committee was to come to end on 13.09.2019. Returning Officer was appointed on 30.07.2019. However, elections are not conducted as on date. It is submitted on behalf of petitioners that fourth respondent may be directed to conduct elections at the earliest. 6. Learned AGA, on instructions, submitted that it will take two months time to conduct elections. 7. There are no allegations against the petitioners. It is submitted that eighth respondent society is a small society having deposit of Rs.4,00,000/-. In such circumstances, it would be appropriate to permit the Board to be in existence as it was before appointment of Special Officer to maintain the society with a direction to the government to conduct elections. 8. Accordingly, order dated 12.10.2019(Annexure-G) passed by respondent No.3 is quashed. Election shall be conducted within an outer limit of 60 days from the date of receipt of a copy of this order. Petition is accordingly disposed of. No costs.