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.

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, who is the District Registrar of Co-operative Societies, by way of a letter dated 03.01.2022 (vide Annexure-H to the writ petition) has directed respondent No.3-Society to consider the request of the petitioners and similarly situated persons for membership of the Society.

3. As the same has not been acted upon by respondent No.3, the appellants/petitioners preferred Writ Petition No.3123 of 2022 with the following prayers:

"(a) Issue a writ in the nature of mandamus directing the Respondent No.2 to enforce its direction issued under the communication dated 03-01-2022 to Respondent No.3.

(b) Direct the Respondent No.3 to act in consonance with direction issued under communication dated 03-01-2022 by the Respondent No.2 and to provide membership to Petitioners and others who are eligible to become members as per rule No.3 of memorandum of Association of Respondent No.3 or in alternative to direct the Respondent No.2 to enroll Petitioners and other similarly situated persons as members of Respondent No.3.

(c) Pass such other writ, order or direction that this Hon'ble Court deems fit to pass in the circumstances of the case, to meet the ends of justice."

4. The learned Single Judge on the ground that the term of the Managing Committee of respondent No.3-Society has already come to an end, has dismissed the writ petition and has held that it is for the new Managing Committee to consider the request of the petitioners to enroll them as members of the Society and has further directed respondent No.2 to appoint necessary Election Officer and ensure that elections are held to the Managing Committee of respondent No.3-Society as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a certified copy of the order. Against the said order, the present writ appeals are filed.

5. The case of the appellants/petitioners is that they belong to Balija community and respondent No.3 is formed to uplift the Balija community and any person who has completed the age of 18 years belonging to the Balija community can become members and they are eligible to become members of respondent No.3-Society. It is submitted that though the Governing Council has completed its term as on 30.09.2021 itself and the elections were due, the elections have not been conducted yet for various reasons and the same Governing Council continues to administer the Society and as per the bye-laws of the Society, there is no impediment for the Society to enroll the petitioners and similarly situated persons as members of the Society and deliberately, the present Governing Council members have refused to consider the request of the petitioners and similarly situated persons with the sole intention of returning to power in the ensuing elections also.

6. It is su