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N. S. SANJAY GOWDA
Jabeen – Appellant
Versus
Registrar Of Societies – Respondent
JUDGMENT/ORDER
1. W.P.No.104928 of 2021 is preferred by the President of the society along with its members of the society challenging the communication dtd. 25/11/2021 issued by the District Registrar, by which, the District Registrar has purported to exercise the law available to him under Sec. 25 (2) (c)(i) of The Karnataka Societies Registration Act, 1960 (hereinafter referred as 'the Act' for brevity) and has directed the convening of a meeting on 14/12/2021 to be held in his office and also prescribed the agenda and has called upon all the National Executive Council (hereinafter referred as 'NEC' for brevity) members to attend.
2. W.P. No.105344/2021 is also filed by the petitioners challenging the order dtd. 22/9/2021 passed by the District Registrar whereby the District Registrar has set-aside the order of suspension dtd. 13/5/2021 suspending Smt. B.K.Tanuja and Smt.Gayatri Shetty and ordered that they shall be entitled to continue the same position that they were holding before.
3. Learned Senior Counsel Shri J.S.Patil basically contended that the District Registrar had absolutely no jurisdiction to issue any direction to either convene a meeting and that too at his office.
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.
Section 23 of Act, 1955 reads as Provision for dissolution of societies and adjustment of their affairs.
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 validity of society member induction must be adjudicated by civil courts, not administrative bodies, given the complexity and private nature of disputes surrounding it.
The District Registrar has no authority to reject or inquire into the validity of annual member lists submitted by societies under the Societies Registration Act, 2001.
Authority issuing remand order to subordinate for fresh adjudication after hearing becomes functus officio and cannot review or recall it on later representation.
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