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Judgment
Mohan Shantanagoudar, J.—A direction is sought against Respondent No. 1 to consider the representation of the Petitioner dated 19.8.2010 vide Annexure-G to the writ petition. The Petitioner has also sought for a direction to Respondent No. 2 restraining them from taking any policy decision and also collecting any subscription from the manufacturers of drugs or to collect subscription/membership fee from the retailers in the State of Karnataka.
By filing the representation at Annexure-G, the Petitioner seeks consideration of his prayer by the Registrar of Societies for restraining Respondent No. 2 from spending any amount. Certain other prayers are also made in the said representation.
During the course of arguments, certain serious allegations are made by the Petitioner against Respondent No. 2 Even in the writ petition such allegations are found. According to the Petitioner, Respondent No. 2 is not spending the amount for appropriate purposes and for the benefit of the Association. However, the said submissions are opposed by the advocate appearing on behalf of Respondent No. 2-Association.
Be that as it may, since the said allegations are to be considered by Respondent No. 1 in accordance with law, this Court declines to comment anything on merits of the matter at this stage. However, the funds of the members of Respondent No. 2 will have to be protected in the meanwhile. By the said process, no prejudice will be caused to any of the members of the Association, including the Secretary of the Association. In view of the same and having regard to the totality of the facts and circumstances of the case, the following order is made:
i) It is open for the second Respondent to collect subscription from the members of the Association. However, Respondent No. 2 shall not spend money except for maintaining the day-today affairs of the. Association.
ii) It is made clear that any amount collected by Respondent No. 2 in the form of subscription from companies shall be collected through Cheques or Demand Drafts and not by any cash or any kind.
iii) Respondent No. 2 shall also not take any major policy decision in the meanwhile.
iv) The representation filed by the Petitioner shall be considered by Respondent No. 1 as early as possible, but not later than the outer limit of four weeks from today.
v) The aforementioned order will continue for the period till the representation of the Petitioner is considered First Respondent shall not be influenced by the aforementioned interim order granted by this Court while considering the representation of the Petitioner. All contentions are kept open.
Writ petition is disposed of accordingly.