MYSURU DISTRICT 571602 v. SRI S. RUPESH KUMAR, ADVOCATE FOR C/R-2 AND R3)

2. SRI B. A. SATISH, S/O LATE ACCHAIAH GUPTA, AGED ABOUT 67 YEARS, THE PRESIDENT OF VASAVI SHIKSHANA SAMSTHE® BAZAR STREET, K. R. NAGRA TOWN, MYSURU DISTRICT 571602. …PETITIONERS (BY SRI AKSHAY S., ADVOCATE FOR SRI SRINIVASA D.C., ADVOCATE) AND:

THE REGISTRAR OF SOCIETIES, GOVERNMENT OFFICES BUILDING, NEW SAYYAJI RAO ROAD, MYSURU - 570024.

SMT. SUNITHA AMARNATH, W/O DR. L. AMARNATH, AGED ABOUT 58 YEARS, CLAIMED AS THE SECRETARY OF VASVAI SHIKSHANA SAMSTHE ® MARIMUTHU Location: High Court of Karnataka - 2 - NC: 2024:KHC:27698 WP No. 28268 of 2023 BAZAR STREET. K. R. NAGRA TOWN, MYSURU DISTRICT 571602.

DR. L. AMARNATH, S/O P. LAKSHMINARAYANA SHETTY, AGED ABOUT 65 YEARS, CLAIMED AS THE PRESIDENT OF VASAVI SHIKSHANA SAMSTHE ®, BAZAR STREET, K. R. NAGARA TOWN, MYSURU DISTRICT 571602. (BY SRI S.H. RAGHAVENDRA, AGA FOR R1; SRI S. RUPESH KUMAR, ADVOCATE FOR C/R-2 AND R3) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED BY THE R-1 IN No. DIAAREM/SI- 12/1/SANGHA-SAMSTHE/SIAAR-01/2023-24 DATED 8/11/2023 VIDE ANNEXURE-R AS ILLEGAL AND UNCONSTITUTIONAL. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) This petition calling in question the order passed by respondent No.1 dated 08.11.2023 Annexure-R bearing No.DiAarEm/Si-12/1/Sangha-Samsthe/SiAar-01/2023-24. - 3 - NC: 2024:KHC:27698 WP No. 28268 of 2023

2. Learned counsel for the petitioners submits that the petitioners were administering Vasavi Educational Institution, K.R. Nagara, Mysuru District, as Secretary and President respectively. It is the specific contention that General Body Meeting conducted on 06.07.2023 and removal of the petitioners as Secretary and President of the Institution in question was without service of notice and participation of eligible members. It is specifically contended that except respondent No.3 none of the members participated in the General Body meeting were eligible to vote. The said contention has not been considered by respondent No.1 in the impugned order passed under Section 25 of the Karnataka Co- operative Societies Registration Act, 1960 [hereinafter referred as the 'Act' for short].

3. Per contra, Sri S.Rupesh Kumar, learned counsel for respondent Nos.2 and 3 submits that the General Body meeting was conducted in accordance with law.

As per the decision of the General Body meeting, the petitioners were removed as Secretary and President. Further submits that respondent Nos.2 and 3 are discharging and - 4 - NC: 2024:KHC:27698 WP No. 28268 of 2023 administrating the institution as Secretary and President. Any interference by this Court at this stage would affect educational activities carried out by the institution.

Sri S H Raghavendra, learned Additional Government Advocate appearing for respondent No.1 submits that the impugned order has been passed after considering all the relevant materials and submissions by the respective parties. It is submitted that on the very same dispute regarding correctness of the removal of petitioners, civil suit is pending between the parties. Hence, prays to relegate the petitioners to resolve the dispute in the pending suit.

Considered the submissions of learned counsel for the parties and perused the writ petition papers.

The petitioners and respondent Nos.2 and 3 claiming to be Secretary and President have submitted two sets of accounts, one set by the petitioners and another by respondent Nos.2 and 3. In order to ascertain the correctness/competence of submission of the said accounts, respondent No.1 has conducted enquiry under Section 25 of the Act. In the enquiry, both the parties have been issued notice. Both the parties - 5 - NC: 2024:KHC:27698 WP No. 28268 of 2023 have appeared through their respective counsel and have filed detailed submissions. Respondent No.1 has held that respondent Nos.2 and 3 are entitled to be continued as Secretary and President of the Institution.

It is to be noticed that the petitioners have raised a specific contention as recorded in the impugned order at paragraph 9 regarding the participation of non-eligible members in the General Body meeting. The said contention is not considered by respondent No.1. The finding on the said aspect could not be found from the impugned order. In such circumstances, this Court is inclined to interfere with the order.

In view of the preceding analysis, the writ petition is disposed of with the following directions; (i) The order dated 08.11.2023 is hereby set aside; (ii) The matter is remitted to respondent No.1 for fresh consideration; (iii) Both the parties are at liberty to make additional submissions or produce additional document, if any; - 6 - NC: 2024:KHC:27698 WP No. 28268 of 2023 (iv) The aforesaid exercise shall be completed within eight weeks the date of production of this order before respondent No.1. It is jointly submitted that as on today, respondent Nos.2 and 3 are functioning as Secretary and President of the said institution. The said arrangement shall continue till disposal of the remand proceedings by respondent No.1. Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 61