- 1 - NC: 2025:KHC:4035 WP No. 3123 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 3123 OF 2022 (GM-KSR) BETWEEN: 1. SRI VENUGOPAL C S/O SRI CHANNAKRISHNAPPA, AGED ABOUT 47 YEARS, R/AT NO.158,BYATARAYANAPURA, BEHIND SRI RAMA TEMPLE, SAHAKARANAGAR POST, BENGALURU 560092. 2. SRI THILAK KUMAR S S/O SUBRAMANYA, AGED ABOUT 28 YEARS, R/AT NO.13, 1ST STAGE, 1ST CROSS, K.R.GARDEN, COX TOWN, JEEVANAHALLI, BENGALURU-560005. 3. SRI KIRAN KUMAR S/O MANJUNATHA, AGED ABOUT 36 YEARS, R/AT NO,.16/1, PARK ROAD, COX TOWN, JEEVANAHALLI, BENGALURU-560005. 4. SRI S RAMESH S/O LATE R. SRINIVAS, AGED ABOUT 52 YEARS, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4035 WP No. 3123 of 2022 R/AT NO 2360, 1ST A MAIN, C BLOCK, SAHAKARANAGAR POST, BENGALURU-560092. 5. SRI LAKSHMAN S/O ASHWATHAPPA, AGED ABOUT 56 YEARS, R/AT NO.133/2, 4TH CROSS, NEAR L AND T FACTORY, BYATARAYANAPURA, BENGALURU-560092. 6. SRI VINAY V S S/O SRI SRINIVAS M, AGED ABOUT D41 YEARS, R/AT NO.171/1, JEEVANAHALLI MAIN ROAD, JEEVAMAHALLI FRASER TOWN, BENGALURU-560005. 7. SRI VENKATACHALAPATHI S/O SRI. MUNIRATHNAM, AGED ABOUT 56 YEARS, R/AT NO.54, 2ND CROSS, SRI RAMA TEMPLE STREET, COX TOWN, JEEVANAHALLI, BENGALURU-560005. …PETITIONERS (BY SRI. PRABHU K NAVADGI., SR. COUNSEL A/W SRI. P ANAND., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, - 3 - NC: 2025:KHC:4035 WP No. 3123 of 2022 BENGALURU-560001. REPTED BY ITS PRINCIPAL SECRETARY. 2. THE DISTRICT REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES 2ND ZONE, SAHAKARA SOUDHA, MARGOSA ROAD, MALLESHAWRAM, BENGALURU-560003. 3. KARNATAKA PRADESHA BALIJA SANGHA 1ST MAIN ROAD, CHAMARAJPET, BENGALURU-560018. REPTED BY ITS SECRETARY. 4. THE PRESIDENT KARNATAKA PRADESHA BALIJA SANGHA, 1ST MAIN ROAD, CHAMARAJPET, BENGALURU-560018. …RESPONDENTS (BY SRI. SESHU V., HCGP FOR R1 & R2 SRI. MADHUSUDAN R NAIK., SR. COUNSEL FOR SRI. SURAJ NAYAK., ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO ENFORCE ITS DIRECTION ISSUED UNDER THE COMMUNICATION DTD. 03.01.2022 TO R-3 VIDE ANNEXURE-H AND DIRECT THE R-3 TO ACT IN CONSONANCE WITH DIRECTION ISSUED UNDER COMMUNICATION DTD. 03.01.2022 BY THE R-2 AND TO PROVIDE MEMBERSHIP TO PETITIONERS AND OTHERS WHO ARE ELIGIBLE TO BECOME MEMBERS AS PER RULE NO.3 OF MEMORANDUM OF ASSOCIATION OF R-3 AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:4035 WP No. 3123 of 2022 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioners are before this Court seeking a writ of mandamus to direct respondent No.2-District Registrar of Co-operative Societies to enforce its direction issued in its communication dated 03.01.2022 at Annexure-H. The direction is also sought to respondent No.3- Karnataka Pradesha Balija Sangha (hereinafter referred to as “Sangha”, for short) to act in consonance with such direction issued by the District Registrar of Societies and accordingly enroll the petitioners as members of respondent No.3-Sangha, along with all those who had filed their applications and in respect of whom the directions were issued by the District Registrar of Societies. 2. The petitioners who belong to the Balija community seek membership of respondent No.3-Sangha. Their grievance is that they were told that their applications for membership cannot be considered at this - 5 - NC: 2025:KHC:4035 WP No. 3123 of 2022 point of time, since the term of the Managing Committee governing respondent No.3-Sangha has come to an end. The petitioners along with many other such applicants approached respondent No.2-District Registrar and sought for appropriate directions to the Sangha to enroll them as members and accordingly a direction was issued by the District Registrar in its communication dated 03.01.2022 at Annexure-H. Despite such directions been given by the District Registrar, the petitioners and other applicants have not been enrolled as members of respondent No.3- Sangha. 3. Learned Senior Counsel Sri. Madhusudhan R Naik, appearing for respondent No.3-Sangha contends that this writ petition is not maintainable having regard to the admitted fact that the petitioners are non-members of respondent No.3-Sangha and they cannot seek directions at the hands of this Court primarily to respondent No.3- Sangha which is not a ‘State’, in terms of Article 12 of the Constitution of India and that the term of the Managing - 6 - NC: 2025:KHC:4035 WP No. 3123 of 2022 Committee has already come to an end as on 30.09.2021. Learned Senior Counsel submits that at that point of time when the term of Managing Committee came to an end, COVID-19 was prevalent and therefore, even in terms of the general directions issued by the State Government, the existing Managing Committee was permitted to hold the elections immediately after the restrictions were removed. In the meanwhile, the Sangha also gave a written communication as found in Annexure-F, which is filed along with the statement of objections. The communication was made on 30.12.2021 seeking deputation of an Officer to act as a Returning Officer and to conduct the elections to the Sangha. It was at that point of time, the petitioners along with few others made such applications and they were informed that since the term of the Managing Committee had come to an end they will not have any right to consider the applications. The petitioners were therefore informed that their applications will be considered by the Managing Committee that would be formed after elections are held. - 7 - NC: 2025:KHC:4035 WP No. 3123 of 2022 4. Learned Senior Counsel would further point out to an interim order passed by this Court on 22.05.2022, while allowing the application filed by the petitioners in I.A.No.1/2022 that since no ready Voters List is available with respondent No.3-Sangha and since such Voters List is a pre-condition in view of catena of decisions of the Apex Court, the elections cannot be held without updating the Electoral Roll of respondent No.3-Sangha. Learned Senior Counsel would therefore submit that at the instance of non-members such directions have been issued by this Court preventing respondent No.3-Sangha from holding elections although they have given a representations to the concerned authority during the month of December- 2021 to appoint a person as Returning Officer to hold elections to respondent No.3-Sangha. Learned Senior Counsel would further submit that preparation of the Voters List will again be in terms of bye-laws or if there is no specific provisions contained in the bye-laws, in terms of the General Principles that whoever were the members at the point of time when elections are to be held, are only - 8 - NC: 2025:KHC:4035 WP No. 3123 of 2022 eligible to find their names in the Voters List and a person who is a non-member, by merely filing an application cannot seek such directions at the hands of this Court that they should firstly be enrolled and thereafter elections to be held. 5. The attention of the Court is also drawn to a decision of the Hon'ble Supreme Court in the case of Joint Registrar of Co-operative Societies, Kerala Vs. T.A. Kuttappan and others reported in AIR 2000 SC 2378, wherein it was held that a Cooperative Society is expected to function in a democratic manner through an elected Committee of Management and that Committee of Management is empowered to enroll new members. Enrolment of new members would involve alteration of the composition of the society itself and such a power should be exercised by an elected Committee rather than by an Administrator or a Committee appointed by the Registrar while the Committee of Management is under supersession. It was further held that even where the - 9 - NC: 2025:KHC:4035 WP No. 3123 of 2022 language of Section 30-A of the Karnataka Act empowered a special officer to exercise and perform all the powers and functions of Committee of Management of a Cooperative Society, the Hon’ble Apex Court having expressed that view, it was held that there is hardly any need to explore the difference in the meaning of the expressions "have power to exercise all or any of the functions of the Committee" in the Act and "exercise all or any of the functions of the Committee" in the Karnataka Act as they are not different and are in substance one and the same and difference in language will assume no importance. What is of significance is that when the Committee of Management of the Co-operative Society commits any default or is negligent in the performance of the duties imposed under the Acts, rules and the bye-laws, which is prejudicial to the interest of the society, the same is superseded and an administrator or a Committee is imposed thereon. The duty of such a Committee or an administrator is to set right the default, if any, and to enable the society to carry on its functions as enjoined by - 10 - NC: 2025:KHC:4035 WP No. 3123 of 2022 law. Thus, the role of an administrator or a Committee appointed by the Registrar while the Committee of Management is under supersession, is, as pointed out by this Court, only to bring on an even keel, a ship which was in doldrums. If that is the objective and is borne in mind, the interpretation of these provisions will not be difficult. 6. Learned Senior Counsel would submit that the decisions referred by the Apex Court would apply to the facts and circumstances of this case having regard to the admitted fact that the term of the Managing Committee has come to an end and it is to only to take care of the day-to-day affairs of the Society that it is permitted to continue till elections are held and a new Managing Committee is put in place. Under such situation, no fault can be found in the decision of the Board of the Managing Committee that the applications filed by the petitioners will be considered by the new Managing Committee which would be elected and put in place, in accordance with law. - 11 - NC: 2025:KHC:4035 WP No. 3123 of 2022 7. Learned Senior Counsel would also add that the petitioners cannot contend that their applications have been rejected while considering their eligibility and suitability of being enrolled as members of respondent No.3-Sangha. All that was told to the petitioners is that at this point of time, when the term of existing Managing Committee is come to an end, they will not be empowered to consider the application. 8. Per contra, learned Senior Counsel Sri.Prabhuling K Navadgi, appearing for the petitioners contended that contrary to the position an Administrator is appointed to the Society or that a committee has been constituted at the instance of the District Registrar of Co-operative Societies, the managing committee of respondent No.3- Sangha continues till elections are held and a new Managing Committee is put in place. Learned Senior Counsel would therefore submit that the judgment sought to be relied upon by the learned Senior Counsel, in the case of Joint Registrar of Co-operative Societies, - 12 - NC: 2025:KHC:4035 WP No. 3123 of 2022 Kerala (supra), is in fact helpful to the petitioners. It is also submitted that the bye-laws do not stipulate any such condition that the managing committee whose term had expired is not eligible to consider such applications. It is in that regard it is submitted that appropriate directions were issued by the District Registrar of the Co-operative Societies directing respondent No.3-Sangha to consider the applications and enroll the applicants, if they comply with the requirement of bye-laws. However, the incumbent Managing Committee members do not want the petitioners to be admitted as members for the reason best known to them and they want to hold the elections without granting membership to the petitioners and such applications are only about 58 in number. 9. Learned Senior Counsel would further submit that respondent No.3-Sangha admits that there are about 4000 members in the Society and enrolment of 50-60 additional members to the Society will not have any bearing on the elections that would be held. Reliance is - 13 - NC: 2025:KHC:4035 WP No. 3123 of 2022 also sought to be made on a decision of the Hon’ble Supreme Court in the case of Zoroastrian Co-operative Housing Society Limited and Another Vs. District Registrar Co-operative Societies (Urban) and Others, (2005) 5 SCC 632, wherein it was held that any law, by which members are introduced in the voluntary association without any option being given to the members to keep them out, or any law which takes away the membership of those who have voluntarily joined it, will be a law violating the right to form an association. It is submitted that in catena of such decisions of the Hon’ble Apex Court, it is clearly held that if a person fulfils all the requirements of the bye-laws, he cannot be prevented from becoming a member of the society. While drawing attention of this Court to the bye-laws of respondent No.3-Sangha, it was submitted that the bye-laws only requires that such a person or applicant should be a person belonging to Balija community and that he should have completed 18 years of age. The other requirement is that he/she should be from any of the Taluk/District of the State of Karnataka. It is - 14 - NC: 2025:KHC:4035 WP No. 3123 of 2022 submitted that the petitioners fulfill all such requirements and therefore, they cannot be declined membership of respondent No.3-Sangha. 10. Heard the learned Senior Counsels appearing for the petitioners, respondent No.3-Sangha and learned Additional Government Advocate and perused the petition papers. 11. Having regard to the admitted fact that the term of the managing committee of the 3rd respondent- Sangha came to an end on 30.09.2021 and in terms of the requirement of law, a requisition has been made by the Managing Committee to the District Registrar of Co-operative Societies, to delegate a person as Election Officer to conduct the elections to the managing committee of the Society. However, due to intervention of COVID-19, the elections could not take place and therefore, the existing Managing Committee is only required to take care of the day-to-day affairs of respondent No.3-Sangha. - 15 - NC: 2025:KHC:4035 WP No. 3123 of 2022 12. That being the position, the situation would be nothing different from the Society being managed at the hands of the Administrator or any Officer appointed by the competent authority. The learned Senior Counsel appearing for respondent No.3-Sangha is therefore right in his submission that the applications of the petitioners were not rejected on the ground that they are not eligible to be admitted as members of respondent No.3-Sangha. They were only informed that since the term of the existing Managing Committee has came to an end, it is beyond their powers to consider the applications and admit the petitioners to the membership of the Society. They were only asked to wait till the elected members of respondent No.3-Sangha, who would constitute the Managing Committee, could consider the applications filed by the petitioners. The petitioners’ applications have not been rejected as such. 13. The learned Senior Counsel appearing for respondent No.3-Sangha is also right in his submission that such a direction could not have been issued by - 16 - NC: 2025:KHC:4035 WP No. 3123 of 2022 respondent No.2-District Registrar of Co-operative Societies to enroll the petitioners as members of respondent No.3-Sangha. Discretion is vested with the society to consider the applications for membership in accordance with the provisions of the bye-laws of the society and the provisions of the Act and Rules governing the society. 14. In that view of the matter, this Court is of the considered opinion that at this stage, it would be impermissible to issue such directions to respondent No.3- Sangha to act in terms of the directions issued by the 2nd respondent in his communication dated 03.01.2022 at Annexure-H. The applications of the petitioners will be considered by the new managing committee which will be elected and put in place in accordance with law. The petitioners have to wait till the new committee is constituted. 15. Accordingly, the writ petition stands dismissed. Having regard to the admitted fact that the term of the existing committee has came to an end on - 17 - NC: 2025:KHC:4035 WP No. 3123 of 2022 30.09.2021, it would be incumbent on respondent No.2- District Registrar of Co-operative Societies, to appoint an officer as Election Officer and ensure that the elections are held to the Managing Committee of respondent No.3- Sangha, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this order. 16. Pending I.As., if, any, stand disposed of. Sd/- (R DEVDAS) JUDGE RKA/DL CT: JL