DATED THIS THE 9 TH DAY OF JUNE, 2016 PRESENT THE HON’BLE MR.JUSTICE...

1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 9TH

DAY OF JUNE, 2016

PRESENT

THE HON’BLE MR.JUSTICE ANAND BYRAREDDY

AND

THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN

WRIT APPEAL No.200089/2015 (GM-KSR)

CONNECTED WITH

WRIT APPEAL No.200027/2015, WRIT APPEAL No.200028 /2015

WRIT APPEAL No.200029 /2015, WRIT APPEAL No.200030 /2015





WRIT APPEAL Nos.200292-200295/2015,

WRIT APPEAL No.200046/2015, WRIT APPEAL No.200047 /2015

AND WRIT APPEAL No.200090 /2015

WRIT APPEAL No.200089/2015:

BETWEEN:

Dr. Veeranna S/o Mallappa,

Age: 58 years,

Occupation: Retired HOD, Medicine

At MRMC Kalaburagi.

Resident of Vithal Nagar,

Kalaburagi – 585 102.… APPELLANT

(Shri P. Vilaskumar, Advocate)

2

AND:

1. The State of Karnataka

Through its Registrar,

Co-operative Societies,

Bengaluru – 560 009.

2. The Deputy Registrar of


& District Registrar of Societies,

Kalaburagi – 585 102.

3. Hyderabad Karnataka Education

Society, through its President

Aiwan-E- Shahi Road,

Near Station IB, Kalaburagi – 585 102.

… RESPONDENTS

(Shri A. Syed Habeeb, Additional Government Advocate

for Respondents No.1 and 2,

Sri Ashok S. Kinagi, Advocate for Respondent No.3)

This Writ Appeal is filed Under Section 4 of the Karnataka

High Court Act, praying to modify the order passed by learned

Single Judge in W.P.No:84893/2011 dated 12.02.2015 in so far as

not considering the prayer of the appellant for induction of him in

the respondent No.3 Society and consequently direct the respondent

No.3 to induct the appellant as member of the Society.

3


BETWEEN:

Hyderabad Karnataka Education Society,


Near Station IB,

Gulbarga– 585 102.

Represented by its President.… APPELLANT

(Shri Ashok S. Kinagi, Advocate)

AND:




Bengaluru – 02.





3. Dr. Veeranna S/o Mallappa

Age: 62 years,

Occupation: HOD, Medicine at

MRMC Gulbarga,

Resident of Vithal Nagar,

Gulbarga – 585 102.… RESPONDENTS

(Shri P. Vilas Kumar, Advocate for Respondent No.3)

4


High Court Act, praying to set aside the order passed in writ

petition No.84893/2011 dated 12.02.2015 and reject the writ

petition.


BETWEEN:



Near Station IB,




AND:




Bengaluru – 02.





3. Shivalingappa

S/o Shantappa Kalshetty

5

Age: 49 years,

Occupation: Business,

At & Post. Deval Ghanagapur,

Taluk: Afzalpur,

District: Gulbarga – 585 102.

4. Anaverappa

S/o Shantappa Kalshetty

Age: 51 years,



Taluk: Afzalpur,


5. Sidramappa S/o Shantappa Kalshetty

Age: 54 years,



Taluk: Afzalpur,


6. Basavaraj S/o Mahalangappa Patil

Age: 34 years, Occupation: Business,

Resident of Venkat Bennur,

Taluk & District: Gulbarga – 585 103.

7. Mallikarjun S/o Nijalingappa Shivagol

Age: 39 years, Occupation: Agriculture,

Resident of Hebbal, Taluk: Chittapur,


8. Nagesh S/o Basavaraj Shivagol

Age: 34 years, Occupation: Contractor,

6



9. Shankar S/o Ningappa Devatage




10. Sunita Revansiddappa Ambulgi


Resident of House No.8-1304/14,

Gandhi Nagar, Humanabad road,

Gulbarga – 585 102.

11. Akshata Sajjan

Age: 33 years,

Occupation: Household,

Resident of House No.1-1495/6-14,

Opposite: Appa House, Godutai colony,


12. Jaishree Sajjan

Age: 59 years,

Occupation: Agriculture,

Resident of House No.1-1495/G-14,

Opposite: Appa House, Godutai colony,


13. Shivashankar Gachinmanth

S/o Channabasayya Swamy,

Age: 48 years,

Occupation: Development Officer,

Resident of Shiva Nilaya,

7

House No.1-1495/103/27,

Godutai Nagar, Gulbarga – 585 102.

14. Md. Khadir Ali

Age: 39 years,


Resident of H.No.4-570/6, Lower lane,

Darga road, Santraswadi,


15. Heena Kausar

Age: 34 years,


Plot No.6, New Jewargi road,

Beside Shams Function Hall,


16. Netra Sajjan

Age: 26 years,

Occupation: Doctor,


Opposite: Appa House,

Godutai Colony, Gulbarga – 585 102.

17. Revanthkumar S/o Mallappa Sajjan



Opposite: Appa House, Godutai Colony,


(Shri P. Vilas Kumar, Advocate for Respondents No.3 to 17)

8


High Court Act, praying to set aside the order passed in Writ

Petition Nos.80365-379/2012 dated 12.02.2015 and reject the writ

petition.


BETWEEN:



Near Station IB,




AND:




Bangalore – 02.





9

3. Dr. Siddanagouda S/o Mallikarjungouda

Age: 58 years,

Occupation: Prof. Of Surgery of

MRMC Gulbarga,

Resident of Gulbarga – 585 102.… RESPONDENTS


for Respondents No.1 and 2

Shri P. Vilas Kumar, Advocate for Respondent No.3)



Petition No.84894/2011 dated 12.02.2015 and reject the writ

petition.


BETWEEN:



Near Station IB,




AND:




Bangaluru – 02.

10





3. Appasab Patil

S/o Late Baswantrao Patil,

Age: 72 years,

Occupation: Agriculture

& Social Worker,

Resident of Raddewadi,

Taluk: Jewargi,


4. Shambu Reddy S/o Bhaganna Madri

Age: 69 years,

Occupation: Social Worker and

Agriculture, Residents of Kodle,

Taluk: Sedam,


5. Sahebreddy S/o Shivasharanappa


Resident of Yadgir, Taluk and

District: Yadgir – 585 202.

6. Ratnakar S/o Basappa Kupendra

Age: 58 years, Occupation: Advocate & Notary,

Resident of House No.6-601-11C,

4th Cross, M.B. Nagar, Gulbarga – 585 102.

7. Dr. Rajeshwari D/o Siddangouda

Age: 37 years, Occupation: Private Practice,

11

Resident of Wadagera, Taluk: Shahapur,

District: Yadgir – 585 202.… RESPONDENTS



Shri P. Vilas Kumar, Advocate for Respondents No.3 to 7)




petition.


BETWEEN:



Near Station IB,




AND:



Cooperative Societies,

Bangalore – 560 001.

12

2. Sri Linganagowda S. Desai

S/o late Shivamanappa Desai,

Age: 73 years,

Resident of Hadanoor Village,

Sorapur Taluka,

Yadgir District: - 585 125.… RESPONDENTS


for Respondent No.1





petition.


BETWEEN:



Near Station IB,




AND:


Department of Co-operation,

Bangalore,

13

By its Secretary.

2. The District Registrar of Societies/

Deputy Registrar of Co-Operative

Societies, Gulbarga – 585 103.

3. Annarao S/o Basalingappa Punekar

Age: 69 years,

Occupation: Retired S.P.,

Resident of House No.171,

Shanti Nagar, M.S.K. Mill road,








petition.


BETWEEN:



Near Station IB,




14

AND:


Department of Co-Operation,

Bangalore,

By its Secretary – 560 001.

2. The Registrar of Co-Operative

Societies, Bangalore – 560 001.

3. The District Registrar of Societies/

Deputy Registrar of Co-Operative

Societies, Gulbarga – 585 102.

4. Shivaraj S/o Gurushantappa Patil

Age: years, Occupation: Professor,

Resident of House No.104,

Mahant Jyoti G.D.A. Layout,

Gokul Nagar, Gulbarga – 585 105.

… RESPONDENTS







petition.

15


BETWEEN:



Near Station IB,




AND:


Department of Co-Operative Societies,

M.S. Building, Bangalore – 560 001.

By its Secretary,

2. The Secretary

Department of Co-Operative Societies,

M.S. Building, Bangalore – 560 001.

3. The Deputy Registrar

of Co-Operative Societies and

Registrar of Societies, Gulbarga district,

Gulbarga - 585 102.

4. The Returning Officer

Elections to Hyderabad-Karnataka

Education Society, Dr. P.S. Shankar,

M.R. Medical College Campus,

Gulbarga.

16

5. Sri Yanka Reddy S/o Saheb Reddy

Age: 41 years,

Resident of Hattikuni Taluka,

Yadgir District.

6. Sri G.S. Rahamat Saheb

S/o Shaik Mohammed Saheb

Age: 55 years,

Resident of House No.4-463,

Santraswadi, Gulbarga Town & District.

7. Sri Arun Kumar S/o Neelkanta Nagoor

Age: 39 years,

Resident of Plot No.15,

Opposite: Co-Operative Training Centre,

Pragathi Colony, Gulbarga.

8. Smt. Anuradha W/o Basavaraj

Age: 31 years,

Resident of Hattikuni,

Yadagiri Taluk & District.

9. Sri Vishwanath S/o Sidhikant

Age: 41 years,

Resident of Mahagaon,

Gulbarga Taluk & District.

10. Smt. Nikita W/o Vishwanth Tadkal

Age: 39 years,

Resident of Mahagaon,


17

11. Sri Sharanabasappa

S/o Saibanna Dhanni,

Age: 44 years,

Resident of KHB Colony,

Old Jewargi Road, Gulbarga.

12. Sri Ayub Khan S/o Ladlesab

Resident of House No.11-1041/50/56/B1,

Iqbal Colony, M.S.K. Mill road,

Gulbarga Town & District.

13. Sri Shrikant

S/o Shivasharanappa Mallabadkar,

Age: 41 years,


Sri Ganesh Nagar, Ring Road,


14. Sri Ravindra S/o Aneppa Agsar

Age: 41 years,

Resident of House No.11/A,

G.D.A. Layout, Sedam road,


15. Sri Shivputrappa

S/o Shivasharanappa Mallabadkar,

Age: 41 years,


Sri Ganesh Nagar, Ring Road,


16. Sri Ayyangouda S/o Doddappagouda

Age: 61 years, R/o Yelheri,

18

Yadgiri Taluk & District.

17. Sri Sharana Gowda

S/o Doddappa Gowda,

Age: 35 years,

Resident of Yelheri,


18. Sri Basavaraj S/o Siddanagouda

Age: 55 years,

Resident of Mustoor, Koiloor Post,


19. Smt. Jagadevi

W/o Basavaraj Biljundi,

Age: 47 years,

Resident of 8-1302/D,

Near Gunj Bus Stand,

Gulbarga Town & District.

20. Sri Mallan Gowda S/o Mahadevappa Gowda

Age: 51 years,

Resident of Tangadigi, Ibrahimpur Post,

Shahapur Taluk, Yagiri District.

21. Sri Linga Reddy

S/o Sidramappa Bandalli

R/o Tangadigi, Ibrahimpur Post,

Shahapur Taluk, Yadgiri District.

22. Dr. Jagannath Reddy S/o Linga Reddy

Age: 41 years,

Resident of Wadagera,

19

ShahapurTaluk,

Yadgiri District.

23. Sri Ravi Kumar S/o Ayyangouda

Age: 38 years,


Yadgiri Taluka & District.

24. Kumari Shailaja

D/o Hanumantha Reddy Kavloor,

Age: 26 years,

Resident of Station Road,

Yadgiri Town & District.

25. Sri Siddarama Reddy S/o Mohan Reddy

Age: 23 years,

Resident of Arikkera (B),


26. Smt. Nimbemma

W/o Mohan Reddy Hadimani,

Age: 47 years,

Resident of Arikkera (B),


27. Smt. Basamma W/o Ayyanngouda

Age: 55 years,



28. Sri Rahul S/o Malla Reddy

Age: 25 years,

Resident of Ho.No.5-1-275,

20

Basaveshwarnagar,


29. Kumari Rajeshwari D/o Mallareddy

Age: 25 years,

Resident of Ho.No.5-1-275,

Basaveshwarnagar,


30. Sri Venkata Reddy S/o Bheema Reddy

Age: 28 years, Resident of Arikera (B),


31. Basavaraj S/o Siddanagouda Kandalli

Age: 55 years, Resident of Hedigimadri


32. Sri S. Mallanna S/o Sheshappa Anoor

Age: 71 years,

Resident of Gogi Mohalla,


33. Sri Devendra S/o Mallanna Anoor

Age: 38 years,



34. Smt. Sheela D/o S. Mallanna Anoor

Age: 33 years,



21

35. Sri Prabhakar S/o S. Mallanna Anoor

Age: 47 years,



36. Sri Suresh S/o Basavarajgouda

Age: 31 years,

Resident of Kyatnal,


37 Sri Linga Reddy S/o Sidramappa Bandalli

R/o Tangadigi, Ibrahimpur Post,

Shahapur Taluka, Yadgiri District.

38. Smt. Shruthi W/o Rahavendra Reddy Malipatil

Age: 27 years,

Resident of Hedigimadri,


39. Sri Suresh S/o Basavarajappa Akkam

Age: 29 years,

Resident of Kodla, Sedam Taluk,

Gulbarga District.

40. Sri Bassangouda S/o Shanthgouda

Age: 35 years,

Resident of Chamanalli, Bandalli Post,


41. Smt. Lakshmi W/o Bassangouda Police Patil

Age: 27 years, R/o Chamanalli,

Bandalli Post, Yadgiri Taluka &

District.

22

42. Sri Basavaraj S/o Siddanagouda

Age: 39 years, R/o Chamanalli,

Bandalli Post, Yadgiri Taluka &

District.

43. Smt. Sharanamma W/o Siddanagouda

Age: 43 years,

R/o Chamanalli, Bandalli Post,


44. Kumari Pratibha D/o Shiva Reddy

Age: 27 years,

R/o H.No.5-140-3,

Hosur Road, Yadgiri Town

& District.

45. Sri Parvath Reddy S/o Gurangouda

Age: 33 years,

R/o Hadnoor, Shorapur Taluka,

Yadgiri District.

46. Sri Mohanreddy S/o Gurangouda Navadgi

Age: 40 years,


Yadgiri District.

47. Smt. Sridevi W/o Mohan Reddy Navadagi

Age: 30 years,


Yadgiri District.

48. Sri Mallangouda

S/o Shivappa Gouda Sasnoor

23

Age: 37 years,


Yadgiri District.

49. Sri Chandrashekhar S/o Siddanagouda Bonal

Age: 54 years,


Yadgiri District.

50. Smt. Sridevi W/o Chandrashekar Bonal

Age: 48 years,


Yadgiri District.

51. Sri Ramanagouda P. Desai

S/o Parwathappa Gouda Desai,

Age: 55 years,


Yadgiri District.

52. Sri Rudragouda S/o Nagappa Rabbanalli

Age: 57 years,


Yadgiri District.

53 Smt. Shanthamma W/o Rudragouda Rabbanalli

Age: 47 years,


Yadgiri District.

54. Sri Basavaraj S/o Saheb Gowda

Age: 38 years,


24

Yadgiri District.

55. Smt. Neelamma W/o Basawaraj Yalagi

Age: 33 years,


Yadgiri District.

56. Smt. Channamma W/o Parvath Reddy Navadgi

Age: 31 years,


Yadgiri District.

57. Sri Sharan Gowda S/o Mahadevappa Gouda

Age: 39 years,

R/o Tangadgi, Ibrahimpur Post,

Shahapur Taluk, Yadgiri District.

58. Sri Sharana Gouda

S/o Shankukhappa Gouda Vanikyal,

Age: 47 years,


Yadgiri District.

59. Sri Mallangouda S/o Shanmukhappa

Gouda Vanikyal,

Age: 37 years,


Yadgiri District.

60. Sri Subhash S/o Shivaputrappa Saradgi

Age: 39 years,

25

R/o LIG-108, Badepur 1st Phase,

Gulbarga Town & District.… RESPONDENTS







petition.


BETWEEN:

Kailashnath Patil

S/o Veerendra Patil,

Age: 64 years,

Occupation: Social Work &

Ex.MLA, R/o: Chincholi – 585 302,

Taluka: Chincholi, District: Kalaburagi.… APPELLANT

(Shri P. Vilaskumar, Advocate for

Shri K. Siddanna, Advocate)

AND:




26






3. Hyderabad Karnataka Education

Society, through its President



4. Shri P.S. Shankar, Returning Officer

HKE Society, Kalaburagi – 585 102.

… RESPONDENTS


for Respondents No.1 and 2,

Sri Ashok S. Kinagi, Advocate for Respondent No.3)



Single Judge in W.P.No:80967/2012 dated 12.02.2015 in so far as

not considering the prayer of the appellant for induction of him, in

the respondent No.3 Society and consequently direct the respondent

No.3 to induct the appellant as member of the Society.


BETWEEN:



27

Near Station IB,




AND:




Bangalore.




Gulbarga.

3. Shri Shivasharanappa

S/o Sangangouda Patil,

Age: 50 years,


R/o LIG-3, Opp: KEB Transform,

MSK Mill Road, Shanti Nagar,


4. Sri Anantappa S/o Hanmanthappa Humpli

Age: 75 years, Occupation: Rtd. Govt. Servant,

R/o Plot No.46, NGO Colony,

Okaly Camp, Sedam road,


28

5. Smt. Usha W/o Somashekhar Patil

Age: 58 years, Occupation: Housewife,

R/o H.No.1-79, “Sidda Ratna”,

Dhanvantri Colony, Kusnoor Road,


6. Dr. Somashekhar S/o Sidramappa Patil

Age: 68 years, Occupation: Professor,




7. Sri Hanmanthraya S. Patil


R/o Aloor (B), P.O. Suntanoor,

Tq: Aland, Dist: Gulbarga.

8. Sri Shivakumar H. Patil

Age: 41 years,


R/o Village Alur, Post: Suntanoor,

Tq: Aland, Dist: Gulbarga.

9. Santosh S/o Suresh Patil

Age: 35 years,





10. Smt. Mohita Patil W/o Sanjeev Muddha

Age: 29 years,


29




(Shri A. Syed Habeeb, Additional Government Advocate for

Respondents No.1 and 2




Petition Nos.80541-50548/2011 dated 12.02.2015 and reject the

writ petition.


BETWEEN:



Near Station IB,




AND:


Department of Revenue,

Bangalore,

30

By its Secretary – 560 001.

2. The Registrar of

Co-Operative Societies


3. The District Registrar of

Co-Operative Societies,


4. Shivanna S/o Sharanappa Hirapur

Age: 69 years, Occupation: Retired

Joint director, Industries & Commerce,

R/o MIG, II Anand Nagar, Rajapur,



for Respondents No.1 to 3





petition.


BETWEEN:



Near Station IB,


31



AND:


Department of Revenue,

Bangalore,

By its Secretary.

2. The Registrar of


Bangalore.


Societies/Deputy Registrar of


Gulbarga.

4. Vasudev S/o K. Bhim Rao

@ K.B. Vasu,

Age: 31 years, Occupation: Asst. Editor,

Jagvani Kannada Daily,

And General Secretary, Dist: Bahujan

Samj Party, R/o L.I.G-5,

Anand Nagar, Rajapur road,



for Respondents No.1 to 3


32




petition.

WRIT APPEAL Nos.200292-200295/2015:

BETWEEN:

1. Shivanna S/o Sharnappa

Hirapur, Age: 72 years,

Occupation: Joint Director,

I & C, R/o MIG-II, Anand Nagar,

Rajapur Road, Kalaburagi – 585 105.

2. Shivaraj S/o Gurushantappa Patil

Age: 53 years, Occupation: Professor,

R/o H.No.104, ‘Mahantjyoti’,

G.D.A. Layout, Gokul Nagar,


3. Annarao S/o Basalingappa

Punekar, Age: 71 years,

Occupation: Retd. S.P.,

R/o H.No.171, Shanti Nagar,

M.S.K. Mill Road,


4. Vasudev S/o K. Bhim Rao

@ K.B. Vasu, Age: 33 years,

Occupation: Asst. Editor,

Kannada daily and General

33

Secretary District Bahujan Samaj

Party R/o LIG-5, Anand Nagar,

Rajapur Road,

Kalaburagi – 585 105.… APPELLANTS

(Shri K.B. Rao, Advocate)

AND:


Through the Secretary to

Government, Department of

Revenue, Bangalore – 560 001.

2. The Registrar of






4. The President

Hyderabad Karnataka Education

Society, Aiwan-e-Shahi Road,

Kalaburagi – 585 102.… RESPONDENTS

(Shri Ashok S. Kinagi, Advocate for Respondent No.4,

Shri A. Syed Habeeb, Additional Government Advocate

for Respondents No.1 to 3)

34

These Writ Appeals are filed Under Section 4 of the

Karnataka High Court Act, praying to allow the writ appeals by

setting aside the Judgment dated 12.02.2015 passed by learned

Single Judge, in Writ Petition Nos.84827/2011, 80051/2012,

80090/2012, 80158/2012 as for as the prayer of the appellants in

concerned for direction to the respondent No.4 to admit them as

members of the respondent society.


BETWEEN:



Near Station IB,




AND:




Bangalore.




35

Gulbarga.

3. Sir P.S. Shankar

Returning Officer,

HKE Society,

Gulbarga.

4. Kailashnath Patil

S/o Veerendra Patil,

Age: 64 years,

Occupation: Social work

& Ex. MLA,

R/o Chincholli,

Taluka: Chincholli,

Dist: Gulbarga.… RESPONDENTS



Shri B.V. Jalde, Advocate for Respondent No.3





petition.


BETWEEN:



Near Station IB,

36




AND:




Bangalore – 02.





3. Rajeshwari

W/o Channabasappa Patil,

Age: 51 years,

Occupation: Legal Practitioner

& Agriculture,

R/o H.No.10-105/48,

Sharan Nagar,

Opp: N.V. School,


4. Sangamesh W/o Channabasappa Patil

Age: 24 years, Occupation: Student,

R/o: H.No.10-105/48,

Sharan Nagar,

Opp: N.V. School, Gulbarga – 585 102.

37

5. Sandesh W/o Channabasapp Patil

Age: 22 years, Occupation: Student,

R/o: H.No.10-105/48,

Sharan Nagar,

Opp: N.V. School,







Petition Nos.80923-80925/2011 dated 12.02.2015 and reject the

writ petition.


BETWEEN:

D.r Siddanagouda

S/o Mallikarjungouda

Age: 59 years,

Occupation: Professor of Surgery at

MRMC Sedam Road,

Kalaburagi – 585 102.… APPELLANT

(Shri P. Vilas Kumar, Advocate for

Shri K. Siddanna, Advocate)

38

AND:









3. Hyderabad Karnataka Education Society,

through its President,

Aiwan-E-Shahi Road,


… RESPONDENTS



Shri Ashok S. Kinagi, Advocate for Respondent No.3)



Single Judge in WP No.84894/2011 dated 12.02.2015 in so far as

not considering the prayer of the appellant for induction of him in

the respondent No.3 Society to induct the appellant as member of

the Society.

These appeals coming on for hearing this day,

RAGHVENDRA S. CHAUHAN J., delivered the following:

39

JUDGMENT

Four appeals have been filed by individuals, namely Writ

Appeal No.200089/2015, Writ Appeal No.2000131/2015, Writ

Appeal No.200090/2015 and W.A.Nos.200292-295/2015, and the

other appeals have been filed by the Hyderabad Karnataka

Education Society. All the appeals challenge the order dated

12.02.2015 passed by a learned Single Judge in W.P.Nos.84895-

899/2011 and other connected writ petitions. Therefore all the

appeals are being decided by this common judgment.

2. The facts of the case are been taken from Writ Appeal

No.200027/2015, the appeal filed by the Hyderabad Karnataka

Education Society (‘the Society’ for short). Briefly the facts of the

case are that considering the backward condition of Hyderabad-

Karnataka region, as it lacked facilities for primary, higher

education and professional education, in 1957, the Divisional

Commissioner made an effort to form an association which

included certain Government officers, such as, Divisional

40

Commissioner, Deputy Commissioners, Members of Parliament

and Members of Legislative Assembly. Eventually, in 1957 a

Society was formed, namely the Hyderabad Karnataka Education

Society, for the purpose of construction of medical and engineering

college in the Hyderabad Karnataka region. In the year 1978 fresh

members were inducted in the Society who were the residents of

Hyderabad Karnataka region. In the year 1981, certain

amendments were made in the by-laws of the Society, especially

clause-7B (ii), whereby it was decided that the new members shall

be admitted only upon a decision taken by not less than 2/3rd

majority of the Governing Council. In 2010, the Society invited

applications for membership. However, some persons, who were

aggrieved by the method adopted by the Society for granting

membership, filed a complaint before the Deputy Registrar of Co-

operative Society. Since such persons were also aggrieved by the

action taken by the Deputy Registrar, they filed a PIL in the form of

Writ Petition No.19466/2010 before this Court. By judgment dated

05.10.2010 the learned Division Bench of this Court gave certain

41

directions for admitting new members of the Society. Therefore,

following the directions issued by the learned Division Bench, on

08.10.2010 the Society invited applications for new membership.

However, by endorsement dated 28.10.2011 the Society rejected

the applications so received. Thus, a large number of persons filed

writ petitions challenging the endorsement dated 28.10.2011, and

the endorsements passed on other dates. The learned Single Judge

after hearing both the parties, set aside the amendment made in the

by-laws as it was approved by the Deputy Registrar Co-operative

Societies by order dated 31.03.1981, and directed the Society to

follow the directions given by the learned Division Bench in its

order dated 05.10.2010, and to process the applications so received,

and to consider the same. Aggrieved by the said directions the

present appeals have been filed before this Court.

3. Mr. P. Vilas Kumar Marthand Rao, the learned Counsel for

the appellants in Writ Appeal No.200089/2015, Writ Appeal

No.2000131/2015 and Writ Appeal No.200090/2015 has

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vehemently contended that since the Governing Council has closed

the doors upon inducting fresh members, and has formed a coterie

of its own, therefore the appellant, Dr. Veeranna, should be

permitted to be inducted as a member, and others similarly situated

should also be permitted to be inducted as a member of the Society.

For the Society cannot be permitted to be highjacked by the

Governing Council. The appellants in W.A.Nos.200292-295/2015

have also made similar prayer before this Court.

4. On the other hand, Mr. Ashok S. Kinagi, the learned counsel

for the Society, has assailed the impugned order on the ground that

the learned Single Judge is unjustified in setting aside the

amendment made in by-laws to clause 7B (ii) ostensibly on the

ground that the Registrar had not indicated his satisfaction in the

order dated 31.03.1981. Therefore, the Registrar had failed to

comply with the requirement of Section 10, sub-section (2) of the

Karnataka Societies Registration Act, 1960 (‘the Act’ for short). In

order to buttress this plea, the learned Counsel has drawn the

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attention of this Court to the order dated 31.03.1981 wherein the

Registrar has clearly recorded his satisfaction after having studied

the amendments proposed by the Society.

Secondly, the learned Counsel has pleaded that the

amendment was required in the by-laws as the original by-laws of

the Society permitted any person, who would pay the required

amount of Rs.1,000/- to Rs.25/- to become a member of the society

in different capacities. According to the learned Counsel, this

would leave the doors of the Society wide open for any person to

become a member of the Society. In order to filter the membership

and to restrict the membership to certain quality of people, the

amendment was introduced in 1981. The said amendment was duly

approved by the Registrar by order dated 31.03.1981. Therefore,

the learned Single Judge is unjustified in reaching his conclusion

mentioned above.

Thirdly, by setting aside the order dated 31.03.1981, perforce

the learned Single Judge has set aside even those amendments

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which were not under challenge before this Court. For the Society

had proposed forty-one amendments, and all the forty-one

amendments were duly approved by the said order. Therefore, the

effect of setting aside the said order dated 31.03.1981 is that all the

amendments so proposed, and accepted by the Registrar, have been

set aside. According to the learned Counsel, the learned Single

Judge has gone beyond the prayer made by the petitioners.

5. Heard the learned Counsel for the parties and perused the

impugned order.

6. A bare perusal of the prayer made by Dr. Veeranna and other

individual appellants that they should be inducted as members of

the Society, to say the least, is a misplaced prayer. Since the

learned Single Judge has already indicated the procedure to be

followed, the individual appellants cannot claim a right to be

inducted dehors the procedure so directed by the learned Single

Judge. Moreover, no one can claim that he/she has a right to be

inducted in a society, as a civil or a fundamental right. If the

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person wants to be a member of a society, he/she would be free to

apply for the membership in accordance with the procedure adopted

by the society itself. Thus this Court, by no stretch of imagination,

can direct the Society to induct a person as its member. Therefore,

this Court does not find any merit in the Writ Appeal

No.200089/2015, Writ Appeal No.200131/2015, Writ Appeal

Nos.200292-295/2015 and Writ Appeal No.200090/2015. Hence

the said appeals are hereby dismissed.

7. The requirement of Section 10 (2) of the Act is that every

amendment made under sub-section (1) should be filed with the

Registrar, and if the Registrar is satisfied that the amendment made

under sub-section (1) is in accordance with the provisions of the

Act, he shall register it.

8. A bare perusal of the order dated 31.03.1981 clearly reveals

that the Registrar had not only studied the amendments made by the

Society carefully, but was also “satisfied” that the amendments

were made in accordance with the provisions of the Act. Therefore,

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the learned Single Judge was not justified in concluding that the

Registrar was required to assign reasons in his order for being

“satisfied” that the amendments were duly made in accordance with

the Act. Since the order dated 31.03.1981 was an administrative

order, there was no need for the Registrar to assign any reasons for

his satisfaction. Once the Registrar had clearly indicated that he

has studied the amendments and was duly “satisfied”, there is no

reason to doubt his satisfaction. In fact, no evidence had been

produced by the petitioners before this Court to show that the

satisfaction was a misplaced one. Therefore, this Court is of the

opinion that the conclusion drawn by the learned Single Judge that

the satisfaction was not apparent is unjustified. Once the

satisfaction had been recorded by the Registrar in the order dated

31.03.1981, the learned Single Judge is not justified in concluding

that the requirement of Section 10(2) of the Act had not been

fulfilled. Therefore, the learned Single Judge is not legally justified

in setting aside the amendment in clause-7B(ii) of the by-laws of

the Society.

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9. Although this Court sets aside part of the impugned order,

quashing the impugned order dated 31.03.1981, but the Society is

still directed to issue notification as per the order dated 05.10.2010

in W.P.No.19466/2010. Therefore, the Society is directed to give

vide publicity for inviting applications for membership by

publishing public notice in Kannada, Urdu, Marathi and English

languages in the Hyderabad Karnataka Districts through

newspapers. The public notice must specify the format of the

application. A public notice should also be displayed in the

education institutions of the respondent society, office of the

Deputy Commissioners, Assistant Commissioners and the office of

Tahsildars of Hyderabad Karnataka Districts. On receipt of the

application, the same shall be considered in accordance with by-law

7B (ii) of the by-laws of the society. The Registrar of Co-operative

society is directed to supervise the issuance of public notification

and calling of the application and their consideration.

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10. For the reasons stated above, the appeals filed by the Society

are partly allowed. The impugned order dated 12.02.2015 is partly

set aside as indicated above.

Sd/-

JUDGE

Sd/-

JUDGE

swk

DATED THIS THE 9 TH DAY OF JUNE, 2016 PRESENT THE HON’BLE MR.JUSTICE...

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