SRI. ASHWATH T vs THE DISTRICT REGISTRAR OF CO OPERATIVE SOCIETIES

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(KAR) 39145

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 31934 OF 2024 (GM-KSR)
BETWEEN:
SRI. ASHWATH T, SON OF LATE M.THIMMAIAH, AGED ABOUT 53 YEARS, RESIDING AT NO.32, BEHIND YELLAMMA TEMPLE, CHALLAGHATTA, MARATHALLI POST, MARATHAHALLI LAYOUT, BENGALURU NORTH TALUK, BENGALURU - 560 037.
…PETITIONER (BY SRI. FAYAZ SAB B G., ADVOCATE)
AND:
1. THE DISTRICT REGISTRAR OF CO -OPERATIVE SOCIETIES, RANGE -2, NO.146, Digitally signed by B K SHANKARA SOUDHA, 2ND FLOOR, MAHENDRAKUMAR Location: HIGH 3RD MAIN ROAD, 8TH CROSS, COURT OF KARNATAKA MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KARNATAKA, ALI ASKAR ROAD, BENGALURU - 560 001.
3. M/S.DOMLUR CLUB (REGD.), REGISTRATION NO.509/91-92, REGISTERED UNDER KSR ACT, REPRESENTED BY ITS GENERAL SECRETARY, NO.3, 4TH MAIN ROAD, DOMLUR 2ND STAGE, BENGALURU - 560 071.
…RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH, AGA FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER; QUASH AN IMPUGNED SUSPENSION NOTICE DATED 09.11.2024, PASSED BY THE R-3 CLUB, WHEREIN THE PETITIONER, HIS SPOUSE AND DEPENDENTS ARE RESTRAINED FROM USING THE FACILITIES OF THE CLUB UNTIL FURTHER NOTICE, WHICH IS PRODUCED AND MARKED AS ANNEXURE - J, AS ILLEGAL, ARBITRARY, CAPRICIOUS AND PASSED WITHOUT APPLICATION OF MIND AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

Petitioner Advocates:FAYAZ SAB B G ,Respondent Advocate:

ORAL ORDER

Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2.

2. The petitioner has filed the present writ petition challenging the Suspension Notice dated 09.11.2024 issued by the 3rd respondent, whereby the petitioner has been restrained from utilizing the facilities of the club. The 3rd respondent is a Society duly registered under the Karnataka Societies Registration Act, 1960, and the impugned Suspension Notice has been issued by invoking Rule 22(A) of the Club Byelaws.

3. The petitioner contends that the impugned notice is arbitrary and violative of the principles of natural justice. However, it is important to note that the 3rd respondent, being a registered society, is governed by its byelaws and internal regulations, and the issuance of the suspension notice falls within the domain of its internal management and disciplinary proceedings.

4. It is a well-settled legal principle that unless there is a violation of any statutory provision or infringement of fundamental rights, this Court, while exercising its writ jurisdiction under Article 226 of the Constitution of India, cannot interfere in the internal affairs of societies or private bodies.

5. In the present case, the petitioner has not demonstrated any such statutory violation or shown that the impugned action by the 3rd respondent has resulted in the infringement of any fundamental or statutory right. The challenge is primarily against the suspension of club privileges, which is an internal matter governed by the Club’s byelaws, particularly Rule 22(A).

6. Accordingly, the writ petition is disposed of, reserving liberty to the petitioner to seek appropriate remedies before the competent forum, if so advised.

Click Here to Read the rest of this document