IN THE HIGH COURT OF DHARWAD BENCH

DATED THIS THE 06 TH DAY OF NOVEMBER 2015

BEFORE

THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY

WRIT PETITIONS NO.112694-112727 of 2015 (CS, EL/M)

Between:

1. Sri Shrikanth S/o Shivashnkarappa Dhavan Age 38, Occ: Agriculture At post Katakol Taluk: Ramdurga District: Belgavi

2. Sri Balappa S/o Gurupadhappa Hosamani Age 40 years Occ: agriculture At post Katakol Taluk: Ramdurga District: Belgavi

3. Sri Kallappa S/o Ramalingappa Tuppad Age 58 years Occ: Agriculture At post Katakol Taluk: Ramdurga District: Belgavi

4. Sri Kareppa S/o Yamanappa Ullagaddi Age 42 years 2

At post Katakol Taluk: Ramdurga District: Belgavi

5. Sri Basanagouda S/o Mallanagouda Halimarad Age 47 years Occ: Business At post Katakol Taluk: Ramdurga District: Belgavi

6. Sri Eranagouda S/o Basanagouda Malappanagar Age 35 years Occ: Agriculture At post Katakol Taluk: Ramdurga District: Belgavi

7. Shri Bheemanagouda S/o Adevappa Havanni Age 45 years Occ: Agriculture At post Katakol Taluk: Ramdurga District: Belgavi

8. Sri Somappa S/o Yellappa Kadeshanavar Age 28 years Occ: Business At post Katakol Taluk: Ramdurga District: Belgavi

9. Sri Srikanth S/o Ananthappa Pastil Age 40 years 3

Occ: Agriculture At post Katakol Taluk: Ramdurga District: Belgavi

10. Sri Balesh S/o Mahanthappa Jangannavar Age 60 years Occ: Nil At post Katakol Taluk: Ramdurga District: Belgavi

11. Sri Shivappa S/o Shiddappa Kurbet Age 40 years Occ: Business At post Katakol Taluk: Ramdurga District: Belgavi

12. Sri Ryavappa S/o Adevappa Havanni Age 58 years Occ: agriculture At post Katakol Taluk: Ramdurga District: Belgavi

13. Dr. Manjunath S/o Gaddigoudar Age 48 years Occ: Agriculture At post Katakol Taluk: Ramdurga District: Belgavi

14. Sri Ramanagouda S/o Basanagouda Kalasappanagar 4

Age 65 years Occ: agriculture At post Katakol Taluk: Ramdurga District: Belgavi

15. Sri Mahadevappa M. Atar Age 58 years Occ: Agriculture At post Katakol Taluk: Ramdurga District: Belgavi

16. Sri Sangamesh S/o Annappa Shettisadavarti Age 68 years Occ: agriculture At post Katakol Taluk: Ramdurga District: Belgavi

17. Sri Basavaraj S/o Mallappa Divatagi Age 58 years Occ: Business At post Katakol Taluk: Ramdurga District: Belgavi

18. Sri Basavaraj S/o Mallappa Atar Age 28 years Occ: Agriculture At post Katakol Taluk: Ramdurga District: Belgavi

19. Shivappa Shiddappa Duggganni Age 58 years 5

Occ: Agriculture At post Katakol Taluk: Ramdurga District: Belgavi

20. Sri Veerupakshi S/o Mallikarjun Guggari Age 35 years Occ: Agriculture At post Katakol Taluk: Ramdurga District: Belgavi

21. Sri Sangamesh Erappa Addanagi Age 57 years Occ: Agriculture At post Katakol Taluk: Ramdurga, District: Belgavi

22. Smt. Lakshmi Sangamesh Addanagi Age 63 years Occ: Agriculture At post Katakol Taluk: Ramdurga, District: Belgavi

23. Sri Basavaraj S/o Virupakshappa Nellakari Age 49 years Occ: Agriculture At post Katakol Taluk: Ramdurga, District: Belgavi

24. Sri Erappa S/o Mahanthappa Jangannavar Age 48 years Occ: Business At post Katakol 6

Taluk: Ramdurga, District: Belgavi

25. Sri Mahantesh S/o Mallappa Tuppad Age 36 years Occ: agriculture At post Katakol Taluk: Ramdurga, District: Belgavi

26. Sri Maheshkumar S/o Vijar Karki Age 54 years Occ: Agriculture At post Katakol Taluk: Ramdurga, District: Belgavi

27. Sri Basavanneppa S/o Ramalingappa Tuppad Age 60 years Occ: Agriculture At post Katakol Taluk: Ramdurga, District: Belgavi

28. Sri Mahadeve S/o Rudrappa Age 44 years Occ: Business At post Katakol Taluk: Ramdurga, District: Belgavi

29. Sri Chinnappa S/o Pathreppa Pattanashetti Age 59 years Occ: Agriculture At post Katakol Taluk: Ramdurga, District: Belgavi 7

30. Sri Erappa S/o Pathreppa Pattanshetti Age 49 years Occ: Agriculture At post Katakol Taluk: Ramdurga District: Belgavi

31. Sri Shivanand Sri Gurulingappa Age 32 years Occ: Agriculture At post Katakol Taluk: Ramdurga District: Belgavi

32. Sri Sathappa S/o Thippanna Age 44 years Occ: Agriculture Taluk: Ramdurga District: Belgavi

33. Sri Eshwar Sri Rudrappa Veereshanavar Age 41 years Occ: Agriculture At post Katakol Taluk: Ramdurga District: Belgavi

34. Sri Mahantesh S/o Shivabasappa Addanagi Age 55 years Occ: Agriculture At post Katakol Taluk: Ramdurga District: Belgavi …Petitioners 8

(by Shri Anand R. Kolli, Advocate)

And:

1. The State of Karnataka Represented by Principal Secretary Department of Revenue Vidhana Soudha Bangalore

2. The State Election Commission Represented by Co-operative Election Commissioner, Cunningham Road Bengaluru

3. The Registrar of Society and District Registrar Belgavi

4. Deepak S. Advocate and The Returning Officer Katkol Vidyavardhaka Samiti Katkol Taluk: District:

5. The Katkol Vidyavardhaka Samiti At Katkol Taluk: Ramdurg District: Belgavi Represented by its Secretary Basavaraja S/o Mallappa Bhoopalapur R/o No.12 Purnima Shivanandnagar Dharwad …Respondents (by Shri Ravi V. Hosamani, AGA for R1; 9

and Shri Hemant L. Havaragi, Advocate for R2)

These writ petitions are filed praying to quash the impugned calendar of events dated 17.10.2015, prepared by the respondent No.4, vide Annexure-D; issue necessary direction to the respondent No.2 and 3 to conduct election of respondent No.5 institution in accordance with law; and etc.

These writ petitions coming on for preliminary hearing, this day, the Court made the following:

O R D E R

The prayer of the petitioners in these petitions is to set aside the order of General Body meeting and its decision to hold elections on 8 th November 2015 taken by the fifth respondent.

It is their further prayer to set aside the resolution of General

Body Meeting dated 17 th October 2015.

2. Petitioners state that they are the members of the

Society since 2010 and are entitled to participate and contest in the elections. Earlier, they approached this Court in Writ Petition

No.107820 of 2014 and connected matters in which there was a settlement arrived at between the parties that as per the voters like of the year 2010, election has to be conducted. As per

Annexure-A, petitioners are the members since 2010 and hence they are entitled to contest the elections. But, without issuance 10

of any notice to the petitioners, the list of voters have been published and the names of the petitioners are not found therein and by passing a resolution in the General Body meeting a decision has been taken to hold elections on 8 th November 2015.

Hence, the entire process is contrary to the provisions of the

Karnataka Societies Registration Act.

3. The learned Counsel appearing for the respondents submits to dismiss these petitions since the petitioners have to approach alternative authority under the Act.

4. Dispute raised by the petitioners in these petitions is that the resolution passed by the Respondent No.5 is contrary to law. Under these circumstances, it is not appropriate for this

Court to pass any orders since the competent authority has to look into the matter and to pass appropriate order. I have seen that the calendar of events is also issued. In the normal circumstance when a calendar of events have been issued, it is not for this Court to interfere. However, this observation has been made in the light of the order passed in the earlier writ petition referred to above. When the Resolution of the General 11

Body resolution and meeting are the issues are in consonance of the earlier writ petitions, even the general body meeting and further elections also should have been in consonance with the observations made in the order passed in earlier writ petitions.

Be that as it may, it is clarified and the observation made therein cannot be under the influence of competent authority. The petitioners are directed to approach the authority at the earliest and if such applications are made, the competent authority has to consider and pass appropriate orders immediately. Petitioners are also permitted to make applications seeking interim prayer.

5. In terms of the above, petitions stand disposed of.

Since the relief is running out of time, it is directed that the authority shall pass appropriate order if an interlocutory application is filed by the petitioners seeking for any interim order.

Sd/- JUDGE

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