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SURAJ GOVINDARAJ
Lingasugur Taluk Halumata Abhivrudhi Samiti – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. Sri Shivakumar R. Tengli, learned Additional Government Advocate accepts notice for respondent Nos.1 to 3. Notice to respondent No. 4 is dispensed with on account of the proposed order to be passed.
2. The petitioners are before this Court seeking for the following reliefs:
3. The petitioner Nos.2 to 10 are stated to be the Governing Body members of the first petitioner society. A complaint came to be filed by respondent No. 4 to the Registrar of Societies alleging various violations and making complaints as regards the running of the first petitioner Society registered under the Karnataka Societies Registration Act, 1960 (hereinafter referred to as ‘the Act’ for short). The Registrar instituted an enquiry when notices dated 23.05.2022, 16.07.2022 and 30.07.2022 were issued by the Deputy Registrar for conducting preliminary enquiry, Pursuant thereto, the Enquiry Officer was appointed on 21.03.2023. Another notice has been issued on 17.04.2022 by the third respondent Enquiry Officer to the petitioners. It is aggrieved by the same the petitioners are before this Court.
4. Sri.Amresh S. Roja, learned counsel for the petitioners would submit that the preliminary enquiry be condu
Point of Law : Merely because the third party were to submit a complaint, Registrar cannot initiate an enquiry without application of his mind.
The court emphasized that inquiries under Section 25 must reflect the Registrar's independent reasoning, not merely follow complaints from less than 1/3rd of society members.
The Registrar has the discretion to order an inquiry into the affairs of a society based on a complaint by a non-member, as per the provisions of the Maharashtra Cooperative Societies Act 1960.
Due process under the Kerala Co-operative Societies Act requires notice and hearing prior to appointing a new Enquiry Officer after an adverse report.
The court established that the Registrar of Co-operative Societies has the authority to initiate inquiries based on complaints from non-members if they are legal heirs of deceased members, reinforcin....
The court established that the Registrar's responsibility under Section 65(1) is uniform across sub-sections, requiring satisfaction based on available materials, without necessitating personal inspe....
The main legal point established in the judgment is the interpretation of the Registrar's powers under section 32(1) of the Adhiniyam, 1973 and the absence of external interference in the initiation ....
The Registrar's power to convene a meeting under Sec. 25(2)(c)(i) is not independent of an enquiry and does not confer appellate or revisional power over the decisions of the society.
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