In a relief to the Hyderabad Karnataka Education Society, the Division Bench of the Gulbarga Bench of the Karnataka High Court stayed the operation of the February 12 order, passed by a Single Bench, headed by Justice L. Narayanaswamy, quashing the amendment made to the by-laws of the society restricting its membership.
The Division Bench, comprising Justice Ravi Mallimath and Justice R.B. Budihal, stayed the operation of the order which included directions to the society to restore the size of the managing council of the society to 21 instead of the current 13 and appointing the Regional Commissioners and the Deputy Commissioners of the Hyderabad-Karnataka districts as its members.
The stay would clear the way for the society to conduct elections as scheduled to enable new office-bearers to take charge on March 31, the last date of the tenure of the present body.
As per the by-laws of the society, the new set of office bearers of the society should take charge on or before March 31.
The Division Bench also did not entertain the plea of senior advocates, including M.M. Rao, retired Chief Justice of the Himachal Pradesh High Court, and Vilas Kumar, for the final hearing of their petition challenging the amendment to the by-laws.
Mr. Mallimath said that the case was in admission stage and the court could not hear the final hearing of the case.
The judges also did not agree to the plea of the petitioners to direct the society to conduct the elections with the original members and not to allow voting powers to relatives of the existing members who were made new members in 2012.
The judges, in their observations during the hearing the plea of the petitioners, commented that there appeared to be a prima facie delay in filing the applications challenging the amendment which was made in 1981.
Mr. Vilas Kumar said that after the society rejected the applications for membership in 2011, a petition was filed challenging the rejection in the High Court.
On Tuesday, Jayakumar Patil, appearing for the society, said that the Single Bench of the High Court has given the relief to the petitioners without being asked and said that the petition was been filed very late and demanded the quashing of the judgement.
The stay would allow the society to hold elections for new office-bearers
