MRS. JABEEN Vs. REGISTRAR OF SOCIETIES

JUDGEMENT

(1.) W.P.No.104928 of 2021 is preferred by the President of the society along with its members of the society challenging the communication dtd. 25/11/2021 issued by the District Registrar, by which, the District Registrar has purported to exercise the law available to him under Sec. 25 (2) (c)(i) of The Karnataka Societies Registration Act, 1960 (hereinafter referred as 'the Act' for brevity) and has directed the convening of a meeting on 14/12/2021 to be held in his office and also prescribed the agenda and has called upon all the National Executive Council (hereinafter referred as 'NEC' for brevity) members to attend.

(2.) W.P. No.105344/2021 is also filed by the petitioners challenging the order dtd. 22/9/2021 passed by the District Registrar whereby the District Registrar has set-aside the order of suspension dtd. 13/5/2021 suspending Smt. B.K.Tanuja and Smt.Gayatri Shetty and ordered that they shall be entitled to continue the same position that they were holding before.

(3.) Learned Senior Counsel Shri J.S.Patil basically contended that the District Registrar had absolutely no jurisdiction to issue any direction to either convene a meeting and that too at his office. He submitted that the District Registrar had no jurisdiction to set-aside an order of suspension passed against two members in the exercise of the power under Sec. 25 of the Act. He submitted that Sec. 25 of the Act basically provided for holding an enquiry into the constitution, working and financial condition of a society and for the purposes of conducting an enquiry, certain powers had been conferred and ultimately, after the enquiry was made, the District Registrar was only obligated to communicate the result of the enquiry to the society concerned and also submit a report to the Government upon which the Government could appoint an administrator. He submitted that the power to hold an enquiry did not confer the power to issue a direction to either convene a meeting at the office of the District Registrar or to set-aside an order of suspension.