The High Court of Karnataka has directed the Registrar of Cooperative Societies to hold an inquiry into the allegations of irregularities in the process of inducting members and allotting them sites at its judicial layouts at Allalasandra, near Jakkur, and Talaghattapura on Kanakapura Road here.
Also, the court directed the Registrar to verify whether all the existing members, associate members and nominal members qualify to hold these positions and had eligibility to seek an allotment of residential sites in terms of the society’s bylaws.
The court has also directed the Registrar to cancel in accordance with law the membership or the allotment of site if it was found in the inquiry that membership or the allotment of sites was made in violation of the bylaws.
Apart from thousands of employees of the State Judicial Department, subordinate courts and the High Court, several serving, transferred and retired judges of the High Court of Karnataka and the Supreme Court are either members or associate members of the society and were allotted sites. Many of them have already constructed houses in these layouts more than two decades ago.
A Division Bench, comprising Justice Ram Mohan Reddy (now retired) and Justice H. Billappa, issued the direction in its June 3 verdict while disposing a public interest litigation petition, filed by G.P. Shivaprakash and M.P. Chinnappa, both retired judges of the High Court, in 2007.
The petitioners had sought inquiry by an independent agency such as the CBI into the affairs of the society.
The Bench also said that if it appeals to the conscious of the members, associate members and nominal members that they were disentitled to membership or the sites allotted to them, and the members voluntarily surrender the membership or the sites, they would be entitled to the benefit of refund of the amounts deposited and paid as consideration to the society together with interest at 6 per cent a year from the date of deposit until the payment.
Site eligibility
The Bench said that as per the society’s bylaws, the rights of the members as regards eligibility for allotment of site/plot/house/apartment is that he or she does not already own a site/plot/house/apartment in his or her name or in the name of his or her family members within the limits of Bangalore Development Authority or municipal limits or within the limits of the society, and family is said to mean and include husband, wife, sons having no independent income, unmarried daughters, and persons dependent on the members.
