K. B. Boregowda, S/O Late Boregowda v. State Of Karnataka Represented By Registrar Of Co-Operative Societies
2025-12-09
E.S.INDIRESH
body2025
DigiLaw.ai
ORDER : E.S. Indiresh, J. 1. In W.P.NO.1100/2023, petitioners have sought for a direction to respondent Nos.1 and 2 to prepare and publish the 'voters list' as on date of taking charge, consider objections if any, publish the 'voters list' and to hold election to constitute a Managing Committee in terms of the Order of this Court dated 18.08.2022 in W.P.No.6867/2022 and connected writ petitions. 2. In W.P.No.24615/2022, petitioners are assailing the publication of the 'draft voters list' (Annexure-E), date 21.11.2022, passed by the respondent No.3. 3. In W.P.No.4462/2023, petitioners are seeking a writ of mandamus to direct the respondent No.3 to consider the application made by the petitioners produced at Annexures-B and D and then to prepare the final voters list for the election to be held for the Managing Committee of the respondent No.3. 4. In W.P.No.1100/2023, it is argued by Sri. Monesh Kumar, learned counsel for the petitioners, by referring to the decision of this Court in W.P.No.6867/2022 and connected writ petitions, wherein it is held that, the Administrator shall prepare and publish the 'draft voters list' and the election shall be held within three weeks of finalisation of the process and therefore, sought for a direction to the respondent - authority to conduct election by finalising the voters list as directed by this Court. 5. In so far as the draft voters list prepared by the Administrator, as per the letter dated 21.11.2022 (Annexure-E in W.P.No.24615/2022), it is contended that, same cannot be given effect to, as the Administrator has no power to decide the voters and it is the Managing Committee as per the resolution has to prepare the draft voters list and in this regard, he refers to the Judgment of this Court in the case of MAHARUDRAPPA SIRSE Vs. STATE OF KARNATAKA & OTHERS reported in 1999 SCC OnLine KARNATAKA 121 and accordingly, sought for interference of this Court. 6. Sri. Varun J. Patil, learned counsel appearing for the petitioners in W.P.No.24615/2022, argued on similar lines with Sri. Monesh Kumar in the connected writ petition and further argued that, the respondent - authority / Administrator has violated the direction issued by this Court in W.P.No.6867/2022 and connected cases, and accordingly sought for quashing the publication of the draft voters list by the respondent No.3 vide Annexure-E dated 21.11.2022. 7. Sri.
Monesh Kumar in the connected writ petition and further argued that, the respondent - authority / Administrator has violated the direction issued by this Court in W.P.No.6867/2022 and connected cases, and accordingly sought for quashing the publication of the draft voters list by the respondent No.3 vide Annexure-E dated 21.11.2022. 7. Sri. Vinod Prasad, learned counsel for the petitioners in W.P.No.4462/2023 argued that, the Governing Committee without following the bye-law of the Society, enrolled the voters/members illegally and therefore, the list prepared by the Administrator in terms of the order passed by this Court has to be accepted by directing the respondent - authorities to consider the representation/membership fee made by the petitioners at Annexures - B and D. 8. Learned Additional Government Advocate sought to justify the order passed by the respondent - authority by enrolling the new members to the respondent - Sangha. 9. In the light of the submission made by the learned counsel appearing for the petitioners and on careful consideration of the order passed by this Court in W.P.No.6867/2022 and connected writ petitions, operative portion of the order reads as under: "(i) The Administrator shall prepare and publish the draft voters' list within three weeks and the stake holders can file their objections to the draft list within two weeks next following. The voters' list shall be finalised within three weeks thereafter. (ii) Election shall be held within next three weeks of finalisation of the process. (iii) The computation of the period prescribed hereinabove shall be reckoned from the date a copy of this order is made available to be Administrator." 10. Thereafter, the Administrator appointed by the State has prepared the draft voters list dated 21.11.2022(Annexure-E) in W.P.No.4462/2023. In this regard, it is relevant to cite relevant portion of the Judgment of Division Bench of this Court in MAHARUDRAPPA SIRSE (supra) , wherein, at paragraph Nos.6 and 7 it is held as under: " 6. He also relied upon another decision of the Supreme Court in the case of T. Ramegowda v. R. Krishnamurthy [ AIR 1994 SC 85 .] , wherein it was held that “enrolment of new members done by the Special Officer while exercising the powers under Section 30-A of the Karnataka Co-operative Societies Act , 1959 is without jurisdiction.
He also relied upon another decision of the Supreme Court in the case of T. Ramegowda v. R. Krishnamurthy [ AIR 1994 SC 85 .] , wherein it was held that “enrolment of new members done by the Special Officer while exercising the powers under Section 30-A of the Karnataka Co-operative Societies Act , 1959 is without jurisdiction. In view of the above rulings of the Supreme Court, we agree with the contention of the learned Counsel for the appellant that the 3rd respondent has no power to enrol new members to the Society and that he has to conduct the elections to the Managing Committee of the members as on the rolls by the date 4-10-1996 of his first appointment as an Administrator on supersession of the then existing Managing Committee. We, therefore, find it necessary to give a direction in this regard to the 3rd respondent-Administrator. Since the period of 3 months fixed, for holding the election to the Managing Committee, by the learned Single Judge in the impugned order has expired, we find it necessary to extend the said period till 6-4-1999. 7. In the result, this appeal is allowed in part. All the steps taken to enrol new members by the 3rd respondent-Administrator are declared as null and void. The direction given to the 3rd respondent-Administrator to hold the election to the Managing Committee of the Society and thereafter to hand-over administration to the elected body by issue of a writ of mandamus, is confirmed. Respondent 3-Administrator is further directed not to enrol any new members and to conduct the election to the Managing Committee of the Society with the members as on the rolls by the date of his initial appointment, on supersession of the then existing Managing Committee i.e., 6-10-1996 in accordance with the provisions of the Act, Rules and Bye-laws of the Society, by 6-4-1999 and to hand-over administration to the newly elected Managing Committee. No costs." (underlined by me) 11. Following the declaration of law made by this Court referred to above, I am of the view that, no new members to the respondent - Sangha have to be enrolled except only by way of the provision provided under the Bye-laws of the Sangha that too, by the Managing Committee of the Sangha and not by an Administrator / respondent No.3. 12.
12. It is required to be made clear that any induction of new members by Administrator is without jurisdiction and the Administrator has to conduct election to the Managing Committee of the Sangha, taking into account, the prevailing voters list of the Sangha as on the date the Administrator has been appointed and not subsequently and therefore, I pass the following: ORDER (i) Writ Petitions are disposed of. (ii) Writ of mandamus is issued to the Assistant Registrar of Co-operative Societies and Administrator (respondent No.2 in W.P.No.1100/2023) to publish the voters list as was existing on the date of his appointment to the post of Administrator to the respondent - Sangha and to conduct election to the respondent - Sangha, by following the Order of this Court in W.P.No.6867/2022 and connected writ petitions, and further considering the decision in the case of MAHARUDRAPPA SIRSE (supra), at the earliest, within a period of two months from the date of receipt of certified copy of this order, upon following procedure contemplated under the relevant enactment. (iii) The draft voters list dated 21.11.2022(Annexure-E) in W.P.No.24615/2022, prepared by the Administrator - respondent - authority, is hereby quashed. (iv) Pending I.As. if any, shall stand disposed of as not surviving for consideration.