IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 37013 OF 2025 (GM-KSR)

BETWEEN:

MR. CHUNA RAFI AHMED S/O LATE CHUNA ABDUL RAHMAN AGED ABOUT 59 YEARS, RESIDING AT OLD NO. 2, CORPORATION NO. 40, K.G. HALLI, NAGAWARA MAIN ROAD BENGALURU 560045.

…PETITIONER (BY SRI. ANIKETH K U, ADVOCATE FOR Digitally signed SRI. SACHIN B S., ADVOCATE)

by VANAMALA N AND:

Location: HIGH COURT OF KARNATAKA 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION GOVERNMENT OF KARNATAKA ROOM NO. 610, 6TH FLOOR, 3RD GATE, M.S. BUILDING BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE REGISTRAR OF SOCIETIES DEPARTMENT OF CO-OPERATIVE SOCIETIES

3RD FLOOR, SAHAKARA SOUDHA, 3RD STAGE, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM BENGALURU-560 003

3. THE DEPUTY REGISTRAR OF SOCIETIES DEPARTMENT OF CO-OPERATIVE SOCIETIES

3RD FLOOR, SAHAKARA SOUDHA, 3RD STAGE, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM BENGALURU-560 003

4. SENIOR INSPECTOR CO-OPERATIVE SOCIETIES

3RD FLOOR, SAHAKARA SOUDHA, 3RD STAGE, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM BENGALURU-560 003

5. JAMATH-E-LABABEEN EDUCATION SOCIETY K.G. HALLI, ARABIC COLLEGE POST, BENGALURU-560 045 REPRESENTED BY ITS SECRETARY MR. N. SALEEM AHMED …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA FOR R1 TO R4;

SRI. FAZIL AHMED, ADVOCATE FOR C/R5)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENQUIRY REPORT DATED 16.05.2025 SUBMITTED BY THE RESPONDENT NO.

4 IN COMPLAINT NO.18/2024 AS PER ANNEXURE-A AND CONSEQUENTLY DIRECT FRESH ENQUIRY INTO THE COMPLAINT NO. 18/2024 BY COMPETENT AUTHORITY PURSUANT TO THE COMPLAINT AT ANNEXURE-C. FURTHER, QUASH/REVOKE/CANCEL THE RENEWAL OF THE REGISTRATION CERTIFICATE DATED 03.10.2023 GRANTED IN FAVOUR OF RESPONDENT NO.5, THE JAMATH-E-LABABEEN EDUCATION SOCIETY AS PER ANNEXURE-B.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

ORAL ORDER

The petitioner admittedly was a member of the fifth respondent, a Society registered under the Karnataka Societies Registration Act, 1960 [for short, 'the Act of 1960'] and the petitioner has called in question a report filed by the fourth respondent while seeking cancellation of the fifth respondent's registration under the Act of 1960.

2. According to the petitioner, the Society has not been functioning from the year 2014-2015 but certain persons have fabricated documents of an Annual General Meeting [AGM] purportedly held on 25.08.2021 and the registration is renewed based on that AGM [in terms of Annexure - B]. The petitioner's complaint under Section 25 of the Act of 1960 is based on this and other assertions such as that he has not participated in the AGM but his signature is forged to indicate that he has accepted his nomination as the Treasurer of the fifth respondent.

3. The fourth respondent, while examining the petitioner's complaint, has furnished a report referring to this Court's order dated 08.01.2025 in W.P.No.34030/2024. The fourth respondent has opined that the fifth respondent has furnished all the necessary documents for justification of the continuance of the registration under Section 13 of the Act of 1960.

4. Mr. Aniketh K. U, the learned counsel for the petitioner, submits that the fourth respondent could not have conducted the inquiry under Section 25 of the Act of 1960 because the power to hold inquiry is only with the Registrar of Societies, and that in any event, the impugned report is a confirmation of the Authority's failure to look into material allegations against the persons who purport to manage the fifth respondent. The learned counsel emphasizes that if the allegations are looked into without bias, the renewal of registration accorded to the fifth respondent is liable to be cancelled.

5. Mr. Fazil Ahmed, the learned counsel for the fifth respondent, submits that the petitioner was indeed a member of the fifth respondent