Point of Law : Merely because the third party were to submit a complaint, Registrar cannot initiate an enquiry without application of his mind.

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 conducted, the appointment of Enquiry Officer and thereafter Enquiry Officer issuing notices to the petitioners is all on the basis of a complaint submitted by respondent No. 4 on 11.05.2022 and 02.06.2022. Respondent No. 4 not being a member of the society let alone being the member of the Governing Body, the Registrar of Society could not have taken cognizance of the said complaint and institute an enquiry since under Section 25 of Act, it is only on majority of the Governing Body or 1/3rd majority of the General Body requesting for enquiry, could the Registrar appoint an Enquiry Officer. Alternatively, he submits that the Registrar could at the most suo moto conduct an enquiry by appointing an Enquiry Officer. In the present case the appointment of the Enquiry Officer being on the basis of the complaint submitted by respondent No. 4, it cannot be said to be suo moto and as such, it requires to be quashed.

5. Sri Shivakumar R. Tengli, learned Additional Government Advocate appearing for respondent Nos.1 to 3 submits that though initially complaint of respondent No. 4 has been considered by the Registrar of Societies, the Registrar has conducted a preliminary enquiry and having come to a conclusion that detailed enquiry is required to be conducted has appointed the Enquiry Officer. The Enquiry Officer in discharging his duties by issuing necessary notices to the parties concerned. It is for the parties to cooperate with the Enquiry Officer and assist the Enquiry Officer and conclude the same at the earliest, there is an independent application of mind by the Registrar and as such, the reliefs sought for cannot be granted and the matter may be dismissed at the admission stage itself.

6. Heard Sri.Amresh S. Roja, learned counsel for the petitioners and Sri Shivakumar R. Tengli, learned Additional Government Advocate for respondent Nos.1 to 3 and perused the records.

7. The short question that arises for consideration in the present matter is whether the Registrar of Societies under Section 25 of the Act, can initiate an enquiry based on complaint received by him or his powers are restricted to only three circumstances: namely (i) suo moto; (ii) complaint by majority of the governing Body or (iii) complaint by not less than 1/3rd of the General body?

8. Section 25 of the Act, reads as under:

“(1) The Registrar may on his own motion and shall on the application of the majority of the members of the governing body or of not less than one-third of the members of the society, hold an enquiry or direct some person authorised by him by order in writing in accordance with the rules made in this behalf to hold an enquiry into the constitution, working and financial condition of a registered society.”

(2) The Registrar or the person authorised by him under sub-section (1)