G.K. Chandramouli and Others vs The District Registrar and Others

Mohan Shantanagoudar, J.—Petitioners have sought for quashing the proceedings of the meeting held on 2.9.2009 and 23.9.2009 as per Annexure-F and G, respectively and consequently the acceptance of the resolution of the second respondent-Committee, by respondent No. 1. Petitioners have also sought for quashing Annexure-F, J and K, by which the first respondent has registered the Governing Council.

This is the 7thround of litigation between the parties, inasmuch as the litigation pertaining to the second respondent-society has seen this Court for seven times. The litigation between the parties is mainly relating to enrolment of the members of the second respondent-society. On an earlier occasion, WP. No. 21560/2005 (GM-RES) was filed before this Court questioning the enrolment of 40 members to respondent No. 2-society. While disposing of the writ petition, this Court observed thus:

Accordingly, the following:

ORDER

i) The petitioners are at liberty to make appropriate representation/complaint to the Registrar within a period of our weeks from the date of receipt of a copy of this order bringing to the notice of the Registrar the right of the petitioners to be treated as members of the society and the disentitlement of respondents 4 to 31 to be the members of the society and the grievance of the petitioner with regard to the elections being conducted by the participation of the ineligible members.

ii) The Registrar on entertaining such representation/complaint, shall issue notice to respondents 4 to 31 and thereafter consider the rival contentions in accordance with law and come to the conclusion on the right of the appropriate persons to be the members of the society and while taking such decision, the Registrar shall also keep in view the order dated 14.1.2004 which according to the petitioners has attained finality.

iii) The Registrar shall thereafter dispose of the matter in accordance with law as expeditiously as possible.

With the above observations and directions, the petition stands disposed of.

Pursuant to the aforementioned order, the

District Registrar held enquiry and after notice to all the parties, passed another order dated 9.4.2009 by which 15 members who were named in the said order were held to be eligible to become the members of the society. The said order dated 9.4.2009 was called in question before this Court in WP. No. 19328 (GM-KSR). This Court disposed of the said writ petition by observing thus:

The impugned order vide Annexure-''K'' dated 9.4.2009 passed by the District Registrar does not call for interference and the same is confirmed. The 13 Governing Council members (excluding the two deceased i.e., Bommaiah and R. Swarappa) which are held to be eligible by the District Registrar and as confirmed by this Court, shall decide the total strength of the members of the Governing Council (which should be more than 20). The Governing Council shall nominate not less than 11 and not more than 15 members for the Managing Committee to manage the affairs of the High School.

Writ petition is disposed ofaccordingly.

Thus it is clear that the order passed in WP. No. 21560/2005 has merged in the order of this Court passed in WP. No. 19328/2009, disposed of on 1.9.2009. In view of the same, the second respondent-society should have complied with the order of this Court made in WP. No. 19328/2009. By the said order, this Court has specifically directed that 13 Governing Council Members who are held to be eligible by the District Registrar and as confirmed by this Court shall decide the total strength of the member of the Governing Council, which should be more than 20, and thereafter Governing Council shall nominate not less than 11 and not more than 15 members for the Managing Committee to manage the affairs of the High School.

As aforementioned, the order of this Court is dated 1.9.2009. Immediately on the next day i.e., on 2.9.2009 i.e., even prior to getting the certified copy of the order of this Court, another meeting was called for by the second respondent-society for formation of Governing Council and for electing the President and Secretary of the Society. Copy of the meeting notice is produced at Annexure-F to the writ petition. Pursuant to the said notice, meeting was held on 23.9.2009. In the resolution passed on 23.9.2009, it is clearly mentioned by respondent-society that the order of this Court passed in WP. No. 21560/2005 was placed before the District Registrar and consequently District Registrar has accepted the. list of Governing Council sent by the second respondent society.

From the above, it is clear that the second respondent has acted contrary to the directions issued by this Court made in WP. No. 19328/2009. On the other hand, the second respondent has proceeded in pursuance of the order of this Court passed in WP. No. 21560/2005. There cannot be any dispute that the order passed in WP. No. 21560/2005 has merged in the order passed by this Court in WP. No. 19328/2009, disposed of on 1.9.2009. In view of the same, it was the duty of the second respondent to comply with the order passed by this Court in WP. No. 19328/2009. Unfortunately, the same is not done by the second respondent. In view of the same, the proceedings initiated pursuant to the meeting notice dated 2.9.2009 are bad in the eye of law and consequently the same are liable to be quashed. Accordingly, the following order is made:

The records at Annexures F, G, H, J, and K stand quashed. The first respondent shall call for the meeting of 13 Governing Council Members who are held to be eligible members pursuant to the order of this Court in WP. No. 19238/2009. These 13 members shall decide the total strength of the Members of the Governing Council (which should be more than 20 and preferably between 25 and 35 members in toto). First respondent shall issue notice to all 13 Governing Council members. An Authorised Officer (authorised by the first respondent) shall be present and over see the meeting.

With the aforesaid directions, the writ petition is disposed of.