Karnataka

1. Our Co-operative Society was established in the year 1983, with the object of providing buildings/sites to Judges and Judicial employees in the State. It is registered under the Karnataka Co-operative Societies Act, on 11.08.1983 and ever since, it is managed by a Board of elected Directors. Since the inception, Sri. Suresh Kumar S/o. Sri. Siddagangappa was the Manager. In the Year 1994, in conformity with the legal requirement of the Secretary being a paid-official, the said Sri, Suresh Kumar has been Holding the offices of both the Secretary, and Manager of the Society.

2. The Society has formed a layout in certain lands in Allalasandra, Chikkabommasandra and Jakkur Plantation opposite the Jakkur aerodrome area. Earlier, it was with in the jurisdiction of the BDA, but in 1996, by a Government Order, the area comes under the jurisdiction of the City Municipal Council, Yelahanka which has been approved the layout formed by the Society.

3. The procedure followed in allotting the sites and execution of deeds of conveyance in favour of the members was that after an eligible person is enrolled as a member, and deposits the sale consideration in favour of the Society, President would sign the sale deeds. Since the President is exempted from personal appearance, for presentation of documents and admission of execution etc., before the Sub-Registrar, it has been the practice to send a letter, using the society stationery and seal, empowering the purchaser to present the document and get it registered.

4. An Association, "Judicial Layout Residents and Site Holders Association" had filed a Writ Petition in W.P.No.40994/92 before the Hon'ble High Court, wherein the Society is named as the 4th Respondent, represented by its Secretary. the Society had engaged the services of Sri. B.L.Acharya, Advocate, to represent it. Sri. Suresh Kumar as Secretary has signed the Vakalath, and which has been noted in the order sheet dated: 20-02-2003. However, thereafter, it appears that without showing the name of the society's Advocate in the cause list, the matter appears to have come up before the Hon'ble High Court on 18-06-2003, and an interim order passed restraining the society from alienating sites shown as civic amenity sites in an earlier map submitted to BDA. No one is shown to be representing the Society in that proceeding on that day.

5. The fact that an interim order had been passed, came to the knowledge of the Society, after the aforesaid Association filed a petition for contempt in CCC 87/2004, and 3 office bearers, and one Director, were directed to appear in person before the Hon'ble High Court. in the said proceedings, statements and affidavits prepared on behalf on the Society were signed by the said Suresh Kumar in the capacity as Secretary.

6. In the said proceedings, a number of statement, including "vacant sites and due for registration" was prepared by the said Suresh Kumar with the assistance of other staff members, and the same has been filed before the Hon'ble High Court, under has signature.

7. During July / August 2005, Suresh Kumar performed the marriage of his daughter with on Sri. K.M.Somesh. The said Ramesh bas never been inducted as a member, much less has been considered as Ramesh for allotment of any site.

8. During Dec. 2005 January, 2006 our Society had convened a General Body meeting. Round about that period, it was brought to the notice of the Society, that the said Sri. K.M. Somesh was circulating pamphlets touching the allotment of sites. When Suresh Kumar was questioned about this, he stated that he would look into the matter, and take necessary steps.

9. During the first week of March, 2006, some unidentified person, telephonically informed the society, that Suresh Kumar had been indulging in racket as it were, touching the name and property of the Society. when Suresh Kumar was questioned about this, he gave evasive replies. This led to the Society, making inquiry, shocking news came to light, namely, that since about August, 2005, Suresh Kumar had been executing sale deeds in the name of the Society, and forging the President's signature in the sale deeds, and also letters of allotment, membership, and other relevant documents using the seal and stationery of the Society, including the round seal, and purports to have conveyed sites to different persons. Furthermore, from the middle of January, 2006, some documents purport to be executed by Suresh Kumar in favour of K.M.Somesh, and that the latter in turn has executed documents in favour of third parties. The list of vacant sites which had been prepared for purposes of submission before the Hon'ble High Court, appears to have come in handy, and selected sites from that list purport to be sold to third parties as also K.M.Somesh, and all of them have acted in concert, or conspiracy, to commit fraud/cheating, and fabricating valuable security in the form of sale deeds, to persons of their choice, but with whom the society had nothing to do, and had never made any offer of allotment Added to this, the fact that some sale deeds registered earlier had not been collected by the concerned persons also appears to have been used to advantage by Suresh Kumar and K.M. Somesh. A List of the alienations made, with dates and names of parties is appended herewith. Needless to say, that the society is not a true party to the said documents, and hence, they are not binding on the society. The Society has already taken steps to inform the Sub-Registrar not to register any more documents from the said parties or their representatives etc.

10. Suresh Kumar has made his appearance in the office rather scarce, and had stopped attending the office now. In an emergency meeting, the board of Directors has resolved to keep him under suspension, pending disciplinary proceedings likely to lead to a major penalty, and the other staff member Sri. Ramakrishna has been directed to take charge.

11. The offences committed are all cognizable offences, such as offences of breach of trust, cheating, forgery, conspiracy, or acting with common intention, fabricating of valuable security. etc. The magnitude and dimensions of the racket, leads to the possibility of third party's connivance also. Furthermore, in as much as more than Rs.25 Lakhs are invested in stamp duty and registration of these documents, the sources of finance, and how the racket is being possibly used to cheat the gullible public, can come to light only after an in-depth investigation in to the matter, and taking appropriate action all concerned and being them to justice.

I request the favour of immediate action against him and the arrest of the culprits and bring them to justice.

Yours truly,

[C.SHIVALINGAIAH] President.