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2022 DIGILAW 593 (KAR)

H. Kenchappa v. State of Karnataka

2022-05-01

N.S.SANJAY GOWDA

body2022
JUDGMENT 1. Writ Petition No.147623/2020 is filed by 10 petitioners for a direction to the Deputy Registrar of Cooperative Societies not to permit the 5th and 6th respondents i.e., Sri K.Veerabasappa S/o.Maremma and Sri K.Venkatesh S/o.Veeranna from participating in the election till the order of removal of their membership dtd. 10/7/2020 and the criminal complainant in Crime No.68/2020 are in force. 2. A further prayer is made for a mandamus to direct the Deputy Registrar to allow the petitioners to participate in the elections to be held by the 2nd respondent as directed by this Court in Writ Petition No.147059/2020. 3. This Court on 14/9/2020 granted an interim order as prayed for. The interim order was too the effect that the 5th and 6th respondents should not be allowed to participate in the elections to the 3rd respondent-Society by the Deputy Registrar. 4. Thereafter, Writ Petition No.148078/2020 was preferred by 93 petitioners challenging the notice dtd. 30/9/2020, by which, a general body meeting was convened in compliance of order passed in Writ Petition No.147059/2020. A further prayer was made in the writ petition to direct the Deputy Registrar to permit 93 petitioners therein to participate in the elections that were to be held to the 3rd respondent-Society as directed by this Court in Writ Petition No.147059/2020. 5. In Writ Petition No.148078/2020, on 8/10/2020, this Court granted an interim order directing the Deputy Registrar to allow the petitioners to participate in the general body meeting to the 3rd respondent-Society scheduled to be held on 8/12/2020. 6. According to the petitioners therein, despite the interim order they were not permitted to participate in the General Body and therefore they initiated contempt proceedings before this Court in C.C.C.No.100168/2020. In those contempt proceedings, the Deputy Registrar against whom the contempt was alleged filed an affidavit dtd. 16/12/2020 in which she has stated as follows : "I respectfully submit that, under the above said circumstances with the tensed situation, I have considered the General Body Meeting and Election of the Society. Even during the election process also they are making noise, therefore by over sight it is not my knowledge regarding interim order passed by the Hon'ble High Court. Therefore, I have not disobeyed the order passed by this Hon'ble Court purposefully and intentionally, I have completed the election process. Even during the election process also they are making noise, therefore by over sight it is not my knowledge regarding interim order passed by the Hon'ble High Court. Therefore, I have not disobeyed the order passed by this Hon'ble Court purposefully and intentionally, I have completed the election process. Hence, I am filing an affidavit reiterated tendering of unconditional apology and I will undertaking that in further at any time with great respect of this Hon'ble Court, I am not disobeying the orders passed by this Hon'ble High Court and subordinate Courts. I respectfully submit that, I have highest regards and respect for the orders of Hon'ble Court and holding of election is not intentional and deliberate. Further with great respect I will undertaking that, I shall hold an election as per the direction in the interim order passed on 8/10/2020 with the permission of this Hon'ble Court." 7. It is thus clear from the said affidavit that the petitioners who had obtained an interim order in Writ Petition No.148078/2020 were not permitted to participate in the general body meeting. The fact that the Deputy Registrar give an undertaking to the Division Bench of this Court stating that she would hold an election as per the directions in the interim order dtd. 8/10/2020 also establishes that no election was conducted. 8. Thereafter on 21/12/2020, the Government passed an order appointing an administrator in exercise of its power under Sec. 27(A) of the co-operative Societies Act. The preamble of the said order reads as follows : 9. As could be seen from the said preamble, the Government was constrained to appoint an Administrator in view of two factions being formed which was resulting in a situation where the affairs of the Society could not be conducted in a proper and effective way. 10. This order of appointment of an Administrator has been challenged in Writ Petition No.148844/2020 by one Sri B. K. Anantkumar, who claims that he was elected as a President on 8/10/2020. 11. The Division Bench of this Court while disposing of the contempt petition took note of this order of an Administrator being appointed and passed the following order : "The learned counsel for the complainants would submit that in the light of the present proceedings, the instant contempt petition may be disposed off placing on record proceedings bearing No.Sa.E.74 CSR 2020, Bengaluru, dtd. 21/12/2020. 21/12/2020. In view of the above proceedings, the election/General Body Meeting held on 8/10/2020 has been rendered nugatory. In the light of the directions given to the Administrator to reiterate the process, we are of the considered opinion that the instant proceedings do not require further attention of this Court and accordingly, contempt proceeding stands dropped." 12. Thus, it is clear from the above that the Division Bench of this Court has already held that the election/General Body Meeting held on 8/10/2020 had been rendered nugatory and the Division Bench also took note of the direction issued by the Government to the Administrator to conduct elections in accordance with the law after reviewing the memberships of the Society and it was necessary for the Administrator to ensure conduct of the meeting/election in accordance with the direction issued by this Court. 13. These above mentioned facts, clearly establish that the Society was unable to hold a General Body Meeting due to factionalism and also due to litigation between the two warring factions. In that view of the matter, the order appointing an Administrator cannot be found fault with. Consequently, the order dtd. 21/12/2020 appointing an Administrator is upheld and the writ petition filed impugning the said order is dismissed. 14. In view of dismissal of the said writ petition, the other writ petitions filed by the members of the warring factions to restrain the members of the rival factions to participate in the election would also not survive for consideration. Accordingly, Writ Petition Nos.147623 and 148078 of 2020 are dismissed as having become infructuous. 15. As already directed by the Division Bench of this Court in C.C.C. No.100168/2020 (CIVIL), the Administrator is required to not only comply with the directions issued by the State Government but also review the membership of the Society and ensure that the annual general meeting and elections are conducted in accordance with the directions issued by this Court. 16. 15. As already directed by the Division Bench of this Court in C.C.C. No.100168/2020 (CIVIL), the Administrator is required to not only comply with the directions issued by the State Government but also review the membership of the Society and ensure that the annual general meeting and elections are conducted in accordance with the directions issued by this Court. 16. The reliance placed upon by the learned counsel Sri J.M.Gangadhar on the decision rendered in Writ Petition No.14674/2002 to contend that, the order of Administrator cannot be appointed when the elections have already been held and when the same remained unchallenged, cannot be accepted, since in the present case, the Returning Officer i.e., the Deputy Registrar of Co-operative Societies has herself categorically stated that she was enable to conduct the elections in accordance with the law and had undertaken to conduct elections afresh. 17. The reliance placed upon by learned counsel Sri K.L.Patil on the Judgment rendered by this Court in the case of Hampana Gouda Badarali v. State of Karnataka, reported in AIR 2019 KAR 2024 which is to the effect that writ Court cannot decide about the membership of a Society cannot also be of avail, since in the present case, there is a clear direction by the State Government to the Administrator to review the membership and thereafter conduct an election/meeting and this Court is not examining the validity of the memberships. 18. For the reasons stated above, Writ Petition No.148844/2020 is dismissed and Writ Petition Nos.147623 and 148078 of 2020 are disposed of as having become unnecessary.