(N - 7 7 E HI 33u11 U? rA CATAx\A AT HA LURE ZATED tti5 THE ETH LAx u? JL’E 199 I{u1’’bjE YA UtIC? T1R&f U, I -?I IxuN ,?0283/1991 bEflEEN: ‘i p rnii chw r Vi’ mct1c(he 6 d) Aer o 7ndya istrit & LU k Rer sented U; it 5 3ecretvy r kønanrishnegowd, pfl I7 ?jj (By i. IJ, 6’ 0 , 4d orta) 4 ND: • TU Dieto ‘Ic i. t Ir \lJ Li. i. I, Msrdy, 2 mt, iN. tt’iaIsshi.± %‘) Pflflch21fliah Mnor in e regIi1ri St rerui To Ncr r in’4- Li” ict • ? . sir, Jesh, 4d Ic 1) A * A 1’ a —: 2 :— This Writ Petition filed u/a 226 & 227 of the Constitution of Indi praying to quash A nnexure—A dt. 20.3.91 bea ring No. sankhye: Its ret 125:90-91 passed by RI end etc. This Writ Petition coming on for hearing, this y, the Court made the followings— 0 RDNR The controversy in this writ petition pertains to the mane gement of en educational institution established by sri Penchalingeshware Vidya Samsthe, a Society registered under kenatake Societies Registration Act, 1960. Two :... -. rival groups claim to be simultaneously in control of the affairs of the society, one re presented by Sri. Rmikrishnegowda and the other represented D7 respondent No. 2, Smt.M. Iøjalakshmi each one of whom claims to be the duly elected secreteq of the society,. The Registrar of societies by order dated 20.3.91 appears to have recoiised the 2nd respondent as the lawfully elected secretny of the society end directed Sri,Rciaakrisnegowda to handover the charge thereof to her. Aggrieved, the petitioner has filed the present writ petition assailing the validity of the said order interalis on the . . . . 3 $ 3 •e •rad t’i’t Vie de4str’r hat not cnndl2ted qny ea&*ry g 1 it3ever Def3?e isetairg ttit said 4 recti no” w tie etit’ or I rded y o it r 3rs to trrt he ne t’ie refl ,eereter of tie vocietj. p EjeOp 3. me rasponlecte hq, not s’tisf’t rity ie;znstnted th”t en, en 4 .airg at qny etge condacta 07 t - ej.,trdir pri3r t tag iogae t’n zinuged (is ‘ti 11 ie 4 ra tia 3. oref , on e fq C. f s.t •xor a with t ty notice t2 t’ie oetiUonar ‘rid wi.t’nt tee iosrij ne wis ott ttch tie ti res&.onlent 2 jjqt ti acre+ y o e o i ‘y. itDeiigsJ ti dtfia tog tqi ta c.’4jQ dire:tion. I o’an ‘1. Ir’ %a&)fl ant ‘o e un t * 3.,.. tj1t 4 ., it °te as 4 (%. ..nt, trie zattar “rid to r-tr • fn-* find.Lpg qe ti ‘iether -‘:qicriQir’,j di u’ “e ti rose C ‘‘ t2 it’ no iv a • t ,‘vtpe fat’ I —: 4 :— petiti.ner permIssible, accordl..ng to whon., the 2nd resoondent havins filed nd failed in different suits in the Courts oelow, there was no room for any further en4’uiry into her claim, He suiuitted that the 2nd respondent had filed 0.5,Nos, 157/86, .18/87, 344/87 and 676/90 in whIch she had clsime.. herself to be the legally elected secretary of the society, out which clim WCs upon trial neg.tived by the Court below, ‘e urged th t the finding returned by the Courts below wa binding upon the 2nd frt t’ respondent making it unnecessary / the Registrar to hold any further enquiry into that aspect, 5, On behalf of tin 2nd respondent it wa.s contended tint th.e judgments a.nd decrees oa ssed in the suits mentioned above, were presently under chllenge before the Ctvil Judge, at Mandya, t was urged that in th..e light of the pendency of the said appeal, the findings re turned by the Trial Court could not be said to have attained finality It was further conten ded that in. order to prevent a.nv confusion cr conflict in the findings returned by the Civil V 4. t .7 et 5 : Courts and that which the Registrar may return under Sec.25, the 2nd respondent was prepared to withdraw the suits themselves and sub3ect herself to the urisdiction of the Registrar unconditionally, to facilitate this, counsel for the 2nd respondent has filed memo in whith unconditional withdrawal of the suits has been a ssured. In tha t view therefore, I see no possibility of a conflict in the findings already returned or those that may have been returned by the Civil Court on the one hand and the view that the Registrar may take under Sec. 25 on the other. In the lightof the undertaking given by oounsel for the 2nd respondent, the suits filed by the said respondent presently in appeal before the Appellate Court below, shallstand withdrawn unconditionally. An appropriate appliction shall be made by him to that effect within 4 weeks fr3m today. Immediately after the withdrawal of the said suits, the Registrar can initiate an appropriate de-novo entuiry into the tuestion of the management of the society being with one or other group of Members, uninfluenced by the findings that had been recorded by the Civil • . , 6 S $ csurt in t’ze eiAit!t f1°d by Vi° ‘aid rasportient, lU ti° result I mate tiq foflowir’ orders a u’der ‘. 0. 1, It 4 t tewrt ietiti3n sb°Ll ‘tqnd 4 umebaj. £he Dit• 4ezictrar of oeaDafltiVe o’ietie Mig ph hol iRt’ uary into ti— nrj. ctqiw rde by the two gr0ts nd record a find.Ln * t w’io n ns on the dot. o pm n’jftain jied rer r ic.t ‘I. it’ g trot I tne society. c) j ms a stietzmor apob er 1 flrj- “i- 11.0,10 t’’ 4 g 01 .1* t4o Prets z/ tha aGi°ty it c’i’r’e of t”io cocietv artlred, a s’taiI flz e a t nr at or. .C r,o -aith Vie ztaias expeAatiouCy flrd t>ia .ux2njee the notdanj cA ch rlectlori crc £ Si dial lect te’ 0 ii * I • office bearers is placed n cYorge of t.he rcanagement a.nd control of the society, in the circumgtnceg, however, the carties are left to bear their own costs, Sd/s T[JDGE sa c/ hba/