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KARNATAKA HIGH COURT - BENCH AT DHARWAD
INSTITUTE OF INDIAN INTERIOR DESIGNERS IIID – Appellant
Versus
THE DISTRICT REGISTRAR OF SOCIETIES – Respondent
WP 102340/2021
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8TH DAY OF JULY 2021
BEFORE
THE HON9BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION No.102340/2021 (GM-KSR)
BETWEEN:
1 .
INSTITUTE OF INDIAN INTERIOR DESIGNERS(IIID)
A REGISTERED SOCIETY UNDER
THE KARNATAKA SOCIETIES REGISTRATION ACT 1960,
REGISTERED OFFICE. PLYWOOD COLONY,
DANDELI,
DISTRICT. UTTARA KANNADA,
KARNATAKA STATE.
PIN CODE. 581325.
HEAD OFFICE AT WORLI,
MUMBAI
REPRESENTED BY ITS
NATIONAL PRESIDENT AS PETITIONER NO.1
OF THE INSTITUTE,
MRS. JABEEN W/O LALICHAN ZACHARIAS,
AGE. 58 YEARS,
OCC. ARCHITECT AND PRESIDENT OF IIID.
2 .
MRS. JABEEN W/O LALICHANL ZACHARIAS
AGE. 58 YEARS,
OCC. ARCHITECT AND
CURRENT MEMBER OF NEC AND MEMBER OF IIID,
R/O. NO.49, KAKKAMTHOTTIL,
JAYANAGAR, KANNADIKKADU,
MARADU, ERNAKULUM,
KERALA STATE, PIN CODE. 682304.
3 .
INSTITUTE OF INDIAN INTERIOR DESIGNER (IIID)
A REGISTERED SOCIETY
UNDER THE KARNATAKA SOCIETIES
REGISTRATION ACT, 1960,
REGISTERED OFFICE.PLYWOOD COLONY,
DANDELI,
2
DISTRICT. UTTARA KANNADA,
KARNATAIKA STATE, PIN CODE 581325.
REPRESENTED BY ITS HONORARY SECRETARY,
AS PETITIONER NO.2 OF THE INSTITUTE
SHRI. JIGNESH S/O ISHWARLAL MODI
AGE. 50 YEARS,
OCC. ARCHITECT AND HONORARY SECRETARY OF IIID,
R/O. NO.F-5, VIGNESHWAR ESTATE,
BESIDE GANDHI SMRUTI BHAVAN,
NANPURA, SURAT,
STATE. GUJARAT, PIN CODE. 395001
4 .
SHRI. JIGNESH S/O ISHWARLAL MODI
AGE. 50 YEARS,
OCC. ARCHITECT AND CURRENT
MEMBER OF NEC AND MEMBER OF IIID,
R/O. NO.F-5, VIGNESHWAR ESTATE,
BESIDE GANDHI SMRUTI BHAVAN,
NANPURA, SURAT,
STATE GUJARAT, PIN CODE. 395001
...Petitioners
(By Sri JAYAKUMAR S PATIL, SR.COUNSEL FOR
Sri SANJAY S KATAGERI, ADV.)
AND
1 .
THE DISTRICT REGISTRAR OF SOCIETIES
AND THE DEPUTY REGISTRAR OF
CO OPERATIVE SOCIETIES,
UTTARA KANNADA, KARWAR DISTRICT,
PIN CODE. 581301.
2 .
SMT. B K TANUJA
AGE. 60 YEARS,
OCC. SELF DECLARED PRESIDENT OF IIID,
R/O. KANVINDE RAI AND CHOWDHURY,
14-F, MIDDLE CIRCLE,
CONNAUGHT PLACE, NEW DELHI 110001
3 .
SMT. GAYATRI SHETTY
AGE. 61 YEARS,
OCC. JOINT HONORARY SECRETARY OF IIID,
R/O. NO. 14, TEMPLE, TREES ROW,
CAUVERY COLONY, BENGALURU 560047.
&..Respondents
3
(By Sri.SHIVAPRABHU S HIREMATH, AGA FOR R1;
Sri SHIVARAJ S BALLOLI & Sri HARISH KUMAR V L, ADVS.
FOR C/R2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT OR ORDER OR DIRECTION BY QUASHING THE IMPUGNED
ORDER DATED 15.06.2021 AS PER ANNEXURE-M HEREIN, PASSED
BY THE RESPONDENT NO.1 HEREIN DISTRICT REGISTRAR AND
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UTTARA
KANNADA, KARWAR, BY ALLOWING THIS WRIT PETITION BY THIS
HON9BLE COURT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned Additional Government Advocate is directed to
take notice for respondent No.1.
2.
This writ petition is directed against the order
dated 15.06.2021 passed by respondent No.1 vide Annexure-
M whereby he has stayed suspension order issued by the 1st
petitioner society.
3.
Sri. Jayakumar S. Patil, learned senior counsel
appearing for the petitioners has primarily contended that the
impugned order Annexure-M passed by the 1st respondent is
without authority of law. He has no power under the Societies
Registration Act to stay the suspension order issued by the 1st
respondent society.
4
4.
Sri. Harish Kumar, primarily objected regarding
maintainability of the writ petition. He contended that the
writ petition is filed by the Society represented by its
President and Secretary and two members. In the affidavit
filed along with the writ petition, it is stated in paragraph 2
that <the president is filing this affidavit on behalf of
respondent Nos.3 and 4.= He contended that before filing the
writ petition the National Executive Committee-NEC has to
authorize
