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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER, 2016
BEFORE
THE HON’BLE MR. JUSTICE A S BOPANNA
WRIT PETITION No.45840/2013 (GM-ST/RN)
BETWEEN:
SRI KUMBARA SANGHA (R) TUMKUR, NO.1865, 1ST A CROSS, SREE SIDDAGANGA EXTENSION, B.H ROAD, TUMKUR, REP. BY IT’S GENERAL SECRETARY
SRI V. RAMACHANDRAPPA AGED ABOUT 65 YEARS, S/O LATE UTTARIYAPPASETTY, R/A "KADARI CHAYE" 1ST MAIN ROAD, R.T. NAGAR, TUMKUR-572102
SRI K.M. GANGANNA AGED ABOUT 68 YEARS, S/O LATE MOPURASETTY, PRESIDENT OF SRI KUMBARA SANGHA, RET. A.E.E. R/A NAVILU THEERTHA, STATION ROAD, GUBBI, TUMKUR DISTRICT-572102
SRI M. DEVARAJ ADVOCATE, JOINT SECRETARY
OF SRI KUMBARA SANGHA,
S/O LATE MOPURASETTY,
AGED ABOUT 46 YEARS,
R/A 1582, 7TH MAIN, 6TH CROSS, RPC LAYOUT, VIJAYANAGAR, BANGALORE 40
SRI NANJUNDAPPA AGED ABOUT 63 YEARS, S/O LATE HANUMANTHAPPA, TREASURER OF SRI KUMBARA SANGHA,
R/A MARUTHI NILAYA,
BEHIND KALIDASA COLLEGE
SIRA GATE, TUMKUR-572102
SRI V. SRIRAM, ADVOCATE,
S/O LATE VENKATARAVANAPPA, S/O DIRECTOR & INTERNAL AUDITOR, SRI KUMBARA SANGHA,
R/A "VIJAYA LAKSHMI KRUPA"
SIRA ROAD, PAVAGADA TOWN,
TUMKUR DISTRICT-572102
... PETITIONERS
(BY SRI. A N GANGADHARAIAH, ADV.)
AND:
STATE BY THE DISTRICT REGISTRAR AND REGISTRAR OF SOCIETIES, TUMKUR DISTRICT, TUMKUR-572102 REP. BY DISTRICT REGISTRAR TUMKUR.
SRI M.R. SANJEEVASETTY AGED ABOUT 75 YEARS, S/O LATE RANGA SETTEE, RETIRED CHIEF ENGINEER, R/A NO.68, 17TH CROSS, WARD NO.24, J.P NAGAR, 6TH STAGE, BANGALORE-560078
SRI SIDDANANJASHETTY AGED ABOUT 65 YEARS, S/O GANGANNA, RETIRED INCOME TAX OFFICER, R/A NO.46, SHIVAGIRI NILAYA, 3RD MAIN ROAD, 2ND STAGE, BINNY LAYOUT, ATTHIGUPPE, VIJAYANAGAR, BANGALORE 40
SRI S. NARAYAN S/O SIDDAPPA, AGED ABOUT 60 YEARS, R/A SAPTHAGIRI, 1ST FLOOR, 5TH CROSS, 2ND MAIN ROAD, 80 FEET ROAD, MAHALAXMINAGAR, BATAWADE, TUMKUR-572102
THIMMAIAH S/O THIMMARAYAPPA, AGED ABOUT 68 YEARS, SREENIVASA NILAYA,
SHARADAMBHANAGAR,
BELAGUMBA ROAD, TUMKUR-572102
DR.HAMPANNA S/O GOVINDAPPA, RETIRED DISTRICT SURGEON, VENKATESHWARA NURSING HOME, KOTHITHOPU, TUMKUR-572102
SRI H.V. RAJANNA AGED ABOUT 60 YEARS, S/O VEERABHADRAPPA,L HVR & COMPNAY,
BESIDE SIT COMPOUND,
BATAWADE, TUMKUR-572102 1 ... RESPONDENTS
(BY SRI. LAKSHMINARAYAN, AGA. FOR R1 SRI. SATISH M DODDAMANI, ADV. FOR R3-7)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE IMPUGNED ORDER PASSE DBY THE R1 PRODUCED AT ANN-M, VIDE ORDER DT.29.8.13.
THIS PETITION COMING ON FOR PRELIMANARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are before this Court assailing the order dated 29.08.2013.
The petitioner claiming to be the actual elected body in-charge of the affairs of the first petitioner - Sangha had filed the returns before the first respondent.
Similarly, the respondents No.2 to 7 also claiming to have held the elections and constituted the Managing Committee had filed the returns before the first respondent. The returns as filed by respondents No.2 to 7 was accepted by the first respondent through the impugned communication at Annexure-M to the petition. It is in that view, the petitioners are before this Court assailing the same.
Though several contentions have been urged in the instant petition, the fact that the term of the respondents No.2 to 7 has come to an end on 09.08.2016 is the accepted position.
If that be the position, at this juncture, all that is necessary to be ensured is that the elections to constitute the new Managing body of the first petitioner-Sangha should be held within a reasonable time and in that view, it is directed that the existing Managing Committee, viz., the committee which completed the term on 09.08.2016
shall take all steps to initiate the process of convening the general body and holding the elections to constitute the new Managing committee within a period of three months from the date on which a copy of this order is made available. If the election process is not commenced, the petitioners would be at liberty to file a complaint/representation to the first respondent, who shall thereupon take appropriate steps to ensure that the elections are held in accordance with law. Further, if there are any other grievance, the petitioners may also state the same in the said representation which shall be considered by the first respondent in accordance with law or have it resolved in the pending suit. In terms of the above, the petition stands disposed of.
Sd/-
JUDGE
akc/bms