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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
N.V. ANJARIA, CJ, M.I.ARUN, J
Venugopal C. S/o Shri Channakrishnappa – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. appellants challenge dismissal of membership claims. (Para 1 , 2 , 3 , 4) |
| 2. eligibility for membership based on community status. (Para 5 , 6 , 7) |
| 3. respondents dispute enforcement under article 226. (Para 8 , 9) |
| 4. maintainability of writ appeals in question. (Para 10 , 11) |
| 5. writ jurisdiction over societies and duty enforcement. (Para 12 , 13 , 14 , 15) |
| 6. current governing council's powers under scrutiny. (Para 16 , 17 , 18 , 19) |
| 7. legitimacy of governing council actions questioned. (Para 20 , 21 , 22 , 23) |
| 8. authority of council to consider membership requests. (Para 24 , 25 , 26) |
| 9. order to allow membership consideration and conduct elections. (Para 27 , 28) |
JUDGMENT :
M.I. ARUN, J.
1. Aggrieved by the order dated 29.01.2025 passed by the learned Single Judge in Writ Petition No.3123 of 2022, petitioner No.1 therein has preferred Writ Appeal No.280 of 2025 and petitioner Nos.2 to 7 therein have preferred Writ Appeal No.234 of 2025.
2. Respondent No.3 is a Society registered under the provisions of the Karnataka Societies Registration Act, 1960 ('the Act, 1960' for short) and is formed for the welfare of the persons belonging to 'Balija Community'. Respondent No.2,
The Court affirmed the right to membership in a society under the Karnataka Societies Registration Act and clarified the broad writ jurisdiction of the High Court to enforce statutory duties.
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A cooperative society must provide specific allegations prior to expelling members, and any dismissal of membership without due process is unsustainable under the Telangana Cooperative Societies Act.
Point of law: 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 en....
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
The court established that applicants for cooperative society membership are deemed members if no action is taken within two months, and emphasized only the Chief Executive Officer can represent the ....
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