Sri Shivaputra and Others vs The Principal Secretary, Govt. of Karnataka, Dept. of Co-operation and Others

Dilip B. Bhosale, J.—Heard Mr. Kamate, learned counsel appearing for the appellants and Mr. Mallikarjun Basareddy learned counsel for respondent Nos. 8 to 12. Mr. Mallikarjun Basareddy undertakes to file vakalath on behalf of these respondents within a period of one week from today. His undertaking is accepted.

Heard Smt. Vidyavathi, learned Additional Government Advocate appearing for respondent Nos. 1 to 4.

These writ appeals are directed against the order dated 10.10.2013 passed by learned Single Judge in Writ Petition No. 64956/2010 whereby petition filed by respondent Nos. 8 to 12 has been allowed. The operative portion of the order reads thus:

Writ petition is hereby allowed,

ii) The impugned order of supersession dated 02.12.2008 - Annexure K. the order of the Appellate Authority dated 07.12.2009 - Annexure M. and the order of the Revisional Authority dated 03.07.2010 - Annexure R. are hereby quashed,

iii) The petitioners and other elected members of committee of management of respondent No. 5 Bank on 19.03.2008 are hereby reinstated and allowed them to continue till the end of their term, that is up to 31.11.2013,

iv) Registry is hereby directed to send a copy of this order to the Chief Secretary and Principal Secretary, Cooperative Department, Government of Karnataka, for their consideration to bring necessary amendments to Karnataka Co-operative Societies Act.

There is no dispute that the date in paragraph iii) of the operative portion was wrongly mentioned as 31.11.2013 instead of 31.03.2013. Learned counsel appearing for elected members i.e., respondent Nos. 8 to 12 submits that they are not holding charge of the Society and that the appellants are running day to day affairs of the Society. In other words, there is no dispute that the appellants are incharge of the Society being the elected members of the Committee of Management, who were elected in view of the order of supersession. In view of the peculiar facts and circumstances of the case, when we made suggestion to learned counsel for the parties, they readily accepted it and agreed for disposal of these writ appeals in terms thereof. They have also fairly stated that we need not record reasons for passing this order. In the circumstances, in our opinion, the following order shall meet the ends of justice:

i) The appellants are allowed to run the affairs of 5th respondent-Society for a period of two months from the date of receipt of this order. However, they shall not take any major/policy decision and make any appointments. In other words, they will take care of only day to day functioning of the Society,

ii) Learned advocate on record for the appellants as well as learned Government Advocate shall communicate this order to respondent No. 3-Deputy Registrar within a period of one week from today,

iii) The 3rd respondent-Deputy Registrar shall appoint some responsible Officer as returning officer from the department to hold elections of the 5th respondent-Society within a period of two months from today,

iv) The Officer appointed by the Deputy Registrar shall conduct the elections and complete the process of election of the Managing Committee within the stipulated time,

v) It is needless to mention that he shall hold election in accordance with law and the relevant Rules,

vi) It is needless to mention that the appellants as well as respondent Nos. 8 to 12 and the other members of the Society shall cooperate for holding the elections within the stipulated time,

vii) The appellants shall hand over charge to the newly elected Managing Committee within a period of 72 hours from the date of declaration of the result of the election by the Returning Officer,

viii) It is open to the appellants as well as respondent Nos. 8 to 12 to participate in the election process,

ix) It is however made clear, that the appellants, who shall participate in the election process as candidates, shall not participate in day to day functioning/running the affairs of the Society as aforementioned,

x) If all the eight appellants decide to contest the election, the Officer appointed by respondent No. 3/Deputy Registrar, as returning officer shall also look after the day to day functioning of the Society.

With these observations, appeals are disposed of.