B. Shivagegowda and ors. Vs. Kowdley Channappa and anr. - Court Judgment

Excerpt:
- section 100 & order 39, rule 1: [tarun chatterjee & h.l. dattu, jj] second appeal grant of interim relief at admission stage suit filed by respondent 1 for declaration that he was the legal heir of deceased employee of the appellant, being his adopted son, decreed by trial court, which was affirmed by first appellate court - high court while admitting the second appeal, at the interim stage directing appellant to give compassionate appointment to respondent 1 held, court was not justified in doing so. impugned order was set aside and high court was directed to decide pending second appeal within six months. .....the said order, we direct that the registrar, cooperative societies, mandi shall prepare a list of life members eligible for voting at the elections as contemplated by paragraph 3 thereof, as per the formula set out in paragraph 4. we clarify that the list of life members so eligible to vote at the elections who shall constitute the electoral college shall comprise not only of the signatories to the rules and regulations framed on august 26, 1972 but also comprise of such life members or patrons who had paid subscriptions and been admitted as life members or patrons of the society, in accordance with the byelaws, as on january 1, 1980. the registrar shall ensure that he completes the process of elections within two months from today.3. till the administrator is appointed by the state.....

Judgment:
ORDER

A.P. Sen, J.

1. After hearing learned Counsel for the parties at quite some length, we find that there is non-implementation of the Court's order dated March 26, 1987. In view of the subsequent events, we feel that this is preeminently a fit case where the State Government should exercise its powers under Section 27A of the Karnataka Societies Registration Act, 1960 and appoint an Administrator to carry out the functions and duties of the Society till new elections are held to the Executive Committee in accordance with the directions contained in the aforesaid order dated March 26, 1987. We order accordingly.

2. In modification of paragraphs 2 and 3 of the said order, we direct that the Registrar, Cooperative Societies, Mandi shall prepare a list of life members eligible for voting at the elections as contemplated by paragraph 3 thereof, as per the formula set out in paragraph 4. We clarify that the list of life members so eligible to vote at the elections who shall constitute the electoral college shall comprise not only of the signatories to the Rules and Regulations framed on August 26, 1972 but also comprise of such life members or patrons who had paid subscriptions and been admitted as life members or patrons of the Society, in accordance with the byelaws, as on January 1, 1980. The Registrar shall ensure that he completes the process of elections within two months from today.

3. Till the Administrator is appointed by the State Government under Section 27A of the Act, the Collector, Mandi or an officer designated by him, shall take charge of the affairs of the Society, including the management of the Law College forthwith.

4. Special leave petitions are disposed of accordingly.