LAWS(KAR)-2021-12-13

MOHD. MAHEMOOD MASALA Vs. STATE OF KARNATAKA

Decided On December 01, 2021
Mohd. Mahemood Masala Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioners claim to be Members of one Anjuman Urdu Education Teachers and Parents Association, Shahabad (hereinafter referred to as 'the Society', for short). Respondent No.2 is said to be the President of the Society and respondent No.3 is said to be the General Secretary of the Society. It is further stated that the society is registered under the provisions of the Karnataka Societies Registration Act, 1960. Aggrieved by the functioning of the society, the petitioners have made a request to respondent No.6 to take necessary action against the society. Respondent No.6 in that regard had issued an endorsement dated 27/11/2017 vide Annexure - E to the writ petition wherein, it has been stated that the allegations in the notice are very vague and as the representation is not supported by 1/3rd of the Members of the Society, it cannot be acceded to. Aggrieved by the said endorsement, the petitioners have filed the instant writ petition with the following prayers:-

(2.) It is the contention of the learned counsel appearing for the respondent Nos.2 and 3 that the petitioners are not members of the Society and they have filed the instant writ petition only to harass respondent Nos.2 and 3 and further states that everything is perfect in respect of functioning of respondent Nos.2 and 3 - Society.

(3.) Learned AGA submits that as the request made by the petitioners is very vague and is not backed by adequate material and as it is not supported by 1/3rd of the total membership of the Society, the impugned endorsement has been issued by the respondent No.6 and no enquiry is made as against the Society.