In this petition, petitioner has sought for to issue a writ of certiorari to quash the order passed by the 3rd respondent dated 27-8-2001 vide Annexure-N and for such other reliefs.

2. The petitioner claiming to be the Secretary of Harijana Girijana Mathu Arthika Hindulida Mane Niveshana Rahitara Sangha (Regd.) filed this writ petition stating that he being the Secretary of the above said Society has filed the returns for the year 1999 as per Section 13 of the Karnataka Societies Registration Act, 1960 and in the course of transaction he also moved for acquisition of land for the purpose of formation of sites to be distributed to its members. Further, respondents 4 and 5 and others who are said to be the members of the said Society declaring themselves as the Secretary also said to have filed another report under Section 13 of the Act. Thereafter, respondent 3 while rejecting the report filed by the petitioner accepted the report filed by respondent 4 and the same is under challenge in this writ petition.

3. Heard the learned Counsel for the petitioner and the learned Government Advocate.

4. It is the submission of the learned Counsel for the petitioner that if there is any mismanagement or any complaint regarding the affairs of the said Society it is to be complained to the Registrar of Societies, who in turn, after enquiry has to take appropriate action either to appoint an administrator for a short period of six months or to pass appropriate orders to hold fresh elections, instead, only on the ground that respondent 4 was the Secretary of the said Society during 1999 while rejecting the report filed by the petitioner has accepted the report filed by respondent 4 which is illegal and without any authority of law and is against the provisions of Sections 13,25 and 27-A of the Act.

5. It appears, the 3rd respondent in the impugned order at Annexure-N while accepting the contention and report of respondents 4 and 5 that there are some irregularities and benami transaction in the Society has rejected the report filed by the petitioner while declaring respondent 4 as the Secretary to the said Society. When once it is admitted that petitioner was the Secretary, if there is any illegality and there is no smooth functioning of the Society, on such complaint being made by a majority or at least 1/3rd members of the Society or on his own it is for the 3rd respondent either to hold an enquiry and to take necessary action or to appoint an administrator either to replace the Secretary or to conduct fresh elections by calling General Body Meeting as per Sections 25, 27 and 27-A of the Act. No such exercise has been done by respondent 3, rather he proceeded to accept the report submitted by respondents 4 and 5 while rejecting the report filed by the petitioner, which requires to be quashed as the impugned order passed is without any reasoning and without following the procedure contemplated under Section 25 of the Act.

6. For the foregoing reasons, petition is allowed. Rule is made absolute. The impugned order at Annexure-N is quashed and the matter is remanded back to respondent 3-Authority to act in accordance with law keeping in view the provisions of Sections 13, 25 and 27 -A of the Karnataka Societies Registration Act.