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2015 Supreme(Kar) 226

HIGH COURT OF KARNATAKA (KALABURAGI BENCH)
L. NARAYANA SWAMY, J.
Appasab Patil – Petitioner
Versus
State of Karnataka – Respondent
Writ Petition Nos. 84827, 84893, 84894, 84895-84899 of 2011 & Writ Petition Nos. 7888, 7994-8049, 80051, 80090, 80158, 80365-80379, 80541-80548, 80923-80925, 80967 of 2012
Decided On : 12.2.2015

Advocates:
Advocate Appeared:
Shri P. Vilaskumar Marthand Rao, Advocate.
Shri Shivakumar Tengli, AGA, Shri Ashok S. Kinagi, Advocate.

Headnote:KARNATAKA SOCIETIES REGISTRATION ACT, 1960 - Section 10: [L. Narayana Swamy, J] Membership of aided society - Amendment of bye-law - Amended and approved bye-laws empowering governing council to decide fate of applicants by voting of two-third majority - Held, It can be termed only as an ulterior motive when original bye-law provided for membership to all persons irrespective of caste, creed and colour. Bye-law as approved was quashed and Society was directed to issue and publish notification calling for membership.

ORDER

1. The common prayer made by the petitioners in these petitions is for a direction to the second respondent Deputy Registrar of Cooperative Societies & Registrar of Societies, Gulbarga to induct the petitioners as Members of the third respondent Hyderabad Karnataka Education Society (hereinafter referred to as ‘the Society’ for short). Prayer is also made to quash the endorsement issued on various dates in respect of the resolution dated 24th October 2011 passed by the third respondent Society.

2. Commonness in all these petitions are that the petitioners are the residents of Hyderabad Karnataka region, which comprises of four districts, viz. Gulbarga, Bidar, Raichur and now Yadagiri. They have made application to the Society for membership pursuant to the Notification issued on 8th October 2010 and the third respondent Society has rejected their applications by returning the Demand Drafts sent along with it. The said notification of the third respondent Society was issued as per their undertaking given to the Court in Writ Petition No. 19466 of 2010, which by its order dated 5th October 2010 came to be disposed of, considering the said undertaking of the third respondent, and further directing the third respondent to issue a paper publication inviting applications for membership to the Hyderabad Karnataka Education Society. It was also made clear that the Notification would specifically indicate that the format of the Application would be displayed on Notice Boards of all the institutions being run and managed by the Society. The Society issued notification only as a formality and none of the petitioners have been taken as its members. The rejection of their membership is because of the resolution made by way of amendment to the byelaws by incorporating Rule 7(B)(ii).

3. The petitioners claim that they are the residents of Hyderabad Karnataka region and are agriculturists, social-workers, advocates, professors, doctors, and etc. They are interested in becoming members of the Society to serve the said region as well as the State. It is also stated in the petition that keeping the said object the Society was registered in the year 1957. The memorandum dated 19th March 1958 came-up with an intention of developing higher education in professional courses in Hyderabad Karnataka region and was desirous of forming a Society for the said purpose. There was no higher education facility in the field of Engineering and Medicine, etc. The petitioners state that the then Divisional Commissioner, Gulbarga Division along with District Commissioners of two Districts viz. Raichur and Bidar, formed an association along with council of members comprising 25 in number, of which four members are Divisional Commissioner and District Commissioners and the remaining 21 comprised of Legislators, Members of Parliament and elite members from the three Districts of erstwhile Hyderabad Karnataka. Clause (iv) of the byelaws of the Association permits, any member, who contributes Rs.1,000/or more to the Society, would be a Patron of the Society and any person who contributes not less than Rs.500/and not more than Rs.1,000/as a life member of the society. Further, any member who contributes not less than Rs.25/per annum shall be an ordinary member of the Society. As per this Clause, each and every person could become a member of the Society by paying the said amount. In course of time, more particularly in the year 1980-81, the newly elected governing council, brought an amendment to byelaws through Resolution No.5 to byelaw 7(B)(ii) that “the Governing Council shall scrutinize all applications and to admit the applicant as a Member, if he/she is supported by not less than 2/3rd majority of the Governing Council Members present. If the applicant is not admitted then the amount of admission fee shall be refunded to him. Reasons for rejection of application need not be given. The decision of the Government Council is final. The refusal shall be communic




























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