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1993 Supreme(Kar) 210

Karnataka High Court
KODAVA SAMAJA, BANGALORE - Appellant
Versus
DISTRICT REGISTRAR OF REGISTRATION OF SOCIETIES, BANGALORE - Respondent
Decided On : 09-03-93
W.P. : 28065 of 1993

Advocates:
A.K.SUBBAIAH, B.V.MURALIDHAR, K.R.D.KARANTH

Proper initiation of proceedings and adherence to the prescribed procedure under Section 25 and Rule 8 of the Karnataka Societies Registration Act, 1960 are essential for the validity of the registrar's orders.

Headnote:

Registrar's Power - Societies Registration Act, 1960 - Section 25, Rule 8 - The court discussed the registrar's power under Section 25 of the Karnataka Societies Registration Act, 1960 and the procedural requirements under Rule 8. It emphasized the need for proper initiation of proceedings and adherence to the prescribed procedure, highlighting the importance of majority representation and the necessity of a show cause notice before passing an order.

Fact of the Case:

The petitioner, a registered society, challenged the direction of the first respondent to hold an election within 60 days after calling the general body meeting. The court analyzed the procedural irregularities in the initiation of proceedings under Section 25 and the lack of a show cause notice to the petitioner.

Finding of the Court:

The court found that the registrar's order directing the society to hold the election was not sustainable due to procedural defects and lack of adherence to the prescribed procedure.

Issues: Procedural irregularities in the initiation of proceedings under Section 25, lack of show cause notice to the petitioner.

Ratio Decidendi: The registrar's power under Section 25 should be exercised in accordance with the prescribed procedure, including proper initiation of proceedings and issuance of a show cause notice to the concerned society.

Final Decision: The writ petition was allowed, quashing the impugned order, and the first respondent was directed to proceed afresh according to law if the situation called for, ensuring proper adherence to the legal provisions.

K. S. BHATT, J.

( 1 ) AT the time of issuing Rule, an order was made that the writ petition would be heard on 31-8-93. However, there is no acknowledgment received regarding service of notice on first respondent and consequently i directed the government pleader to take notice. The main contest is between the petitioner and the second respondent. The petitioner is a registered society. It is aggrieved by the direction issued by the first respondent directing the petitioner to hold an election within 60 days after calling the general body meeting. There is also a direction that the copy of the resolution of the general body be sent along with the audited report and the list of members of the working committee to the office of the first respondent. The impugned order is dated 24-7-93. The said order refers to three documents: 1) a letter written by Sri p. p. muthanna on 1-4-93, 2) a notice issued by the first respondent on 24-7-93 and 3) a complaint lodged by 118 members on 24-3-93. The preamble to the order states that the period of the working committee was two years from the date of election and it expired on 24-2-92. As stated in the letter of p. p. muthanna, who was the president of the society, he sought an extension of the period on the ground that a community hall was being constructed and in the meanwhile election of a new committee will not be in the interest of the society. He sought permission for the extension of the period of the working committee. The preamble also refers to a complaint lodged by mr m. s. mandanna and 118 members and in that complaint it was stated that there are 2,500 members in the society and according to this complaint there should be an election to the working committee once in two years. The last general body meeting was held on 25-12- 90. Therefore, there should have been an election by 31-9-92 and these complainants had sought a special general body meeting as per the request dated 26-9-91. There was a special general body meeting on 24-1-93 in which the estimated cost of the community hall was sanctioned. These complainants had sought an entry in the proceedings book to the effect that there should be a general body meeting and the election of the working committee; there was a general body meeting on 28-3-93. The said meeting had to be abruptly closed due to certain infighting. The complainants also stated that the society has vast funds at its disposal. The complaints also complained against the resolution dated 24-1-93 and of 24-3-93. Thereafter the first respondent states that the continuation of the working committee beyond two years is illegal and consequently he proceeded to pass the order directing to hold election as already noted by him. It was contended by the petitioner that the first respondent was not competent to pass any order under Section 25 of the Karnataka societies Registration Act, 1960 ('the act* for short) because even on the admitted position requisite percentage of members of the society nor requisite percentage of governing body did not join in lodging the complaint under Section 25. The order made by the registrar was also not an order in a proceeding initiated suo motu by the registrar. It was further contended that the registrar did not issue any notice as per Rule 8. It is quite clear that under Section 25 (1), the proceeding can be initiated by the registrar on his own motion or he shall initiate proceedings on the application of the majority of the members of the governing body or of not less than l/3rd of the members of the society. The enquiry may be held by him or by directing some other persons authorised by him to hold the enquiry. The enquiry is regarding constitution, working and financial condition of the society. The powers of registrar or the authorised person under Section 25 (1) are enumerated under sub-section (2 ). One of the powers is a power given to the registrar or the authorised person requiring the governing body of the society to call a



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