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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M. NAGAPRASANNA
Padmavati Grameenabhivruddhi – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge based on complaint legitimacy. (Para 1 , 2) |
| 2. emphasis on registrar's independent reasoning in inquiries. (Para 3 , 5) |
| 3. registrar's discretion clarified regarding complaint basis. (Para 4) |
| 4. final decision on petition dismissal due to lack of substantial grounds. (Para 6) |
ORDER :
“a. Issue a writ in nature of Certiorari quashing the Impugned Order Bearing No.Kra.DRL/SOR/Vicharane/06/2024-25 dated 06/02/2025 issued by the 3rd respondent vide Annexure- E, in the interest of justice and equity.
2. The solitary contention of the learned counsel appearing for the petitioner is that the complainants, who have sought to register a complaint before the Registrar for an enquiry under Section 25 of the Karnataka Societies Registration Act, 1960 (hereinafter referred to as ‘the Act’ for short), are neither the members of the society nor there is 1/3rd quorum for having registered the complaint, as is necessary under Section 25 of the Act. Section 25 reads as follows:
(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
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.
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 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 Registrar's orders for removal of officers from a Cooperative Society were quashed due to lack of jurisdiction and failure to consider ongoing arbitration, emphasizing the necessity of due proces....
Procedure for conduct of inquiry and inspection - A person can be proceeded against and vested with liability only if an objective assessment of evidence and materials available on record leads to ir....
Petitioners must raise their contentions before the competent authority upon issuance of show cause notice under the Kerala Co-operative Societies Act, 1969, as they cannot contest the inquiry report....
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