The validity of society member induction must be adjudicated by civil courts, not administrative bodies, given the complexity and private nature of disputes surrounding it.

ORAL ORDER

Petitioners claiming to be the members of respondent No.35 -Nutan Educational Association, a Society registered under the Societies Registration Act, 1960 (hereinafter referred to as `Society’), are before this Court seeking following reliefs:

"a) Issue a writ of Certiorari and thereby, quash the (i) order dated 02.06.2023 passed by the 3^rd Respondent, vide Annexure-A and consequentially,

(b) Notification dated 20.06.2023, vide Annexure-'A1'."

2. Brief facts leading upto the filing of the present petition are:

(a) That upon a notice dated 09.02.2015 issued by the District Registrar- Davanagere District, the then Governing Council of the Society convened a Special General Body Meeting on 14.03.2015. That as on 14.03.2015 there were only 23 members of the society. One Sri.S.S.Mathapathi was the Secretary of the Society. It is alleged that though the Special General Body meeting was held on 14.03.2015, the said Secretary Sri.S.S.Mathapathi had not called for Governing Council meeting for five months despite repeated requests. This constrained the petitioners and respondent No.7 to address a letter dated 03.08.2015 calling for the meeting of Working Committee on 16.08.2015.

(b) In the said meeting, said Sri.S.S.Mathapathi and respondent No.3 were removed from the post of Secretary and President of the society respectively and petitioner No.1 and respondent No.7 were duly elected as President and Secretary of the society respectively and they had taken charge on 24.08.2015.

(c) That on 24.08.2015 the said Sri.S.S.Mathapathi has managed to get a letter styled as "Intimation letter" from the District Registrar who had passed the order of preventing holding of meeting. This constrained the petitioners and respondent No.7 to approach this Court by filing writ petition in W.P.No.43545/2015. An interim order dated 16.10.2015 was passed by this Court staying operation of the said intimation letter dated 24.08.2015. During the pendency of the said writ petition, District Registrar had proceeded to appoint an Administrator by Government Order dated 02.12.2025. This Court by Order dated 16.11.2016 quashed all the orders passed by the District Registrar and directed restoration of position as it existed earlier to 02.12.2015. Administrator consequently handed over the charge on 02.12.2016 to the Governing Council consisting of the petitioners and others.

(d) Thereafter, respondent No.7 who was the Secretary of the respondent-Society had issued a notice dated 02.12.2016 calling for General body meeting to be held on 25.12.2016 which again was interfered with by the Registrar constraining the petitioner to approach this Court yet again by filing writ petition in W.P.No.65571/2016. An interim order was passed staying operation of the said endorsement dated 14.12.2016 issued by the District Registrar.

(e) Petitioners had filed an application seeking direction to convene the General Body meeting of the society with 23 members as on 14.03.2015 in the presence of a retired District Judge as an observer with necessary police protection. Respondents 12 to 26 and 6 others totalling 21 persons claiming to have been inducted as members filed an application seeking their impleadment in the said petition. This Court by order dated 26.07.2019 disposed of the said petition directing preparation of the voters list based on the genuineness of the membership.

(f) Pursuant to the said order respondent No.2 appointed respondent No.3 as the Election Officer. In the first sitting that was held on 04.09.