J.B. SURANA Vs. DISTRICT REGISTRAR OF SOCIETIES

JUDGEMENT

(1.) This intra court appeal has been filed against the order dtd. 3/9/2020 by which the writ petition preferred by the appellants challenging the registration of the amended bye law - 6.20 of the Bye Laws of Federation of Indian Granite and Stone Industry (hereinafter referred to as 'the Federation' for short) has been dismissed.

(2.) Facts leading to filing of this appeal briefly stated are that the Federation is a Society registered under the Karnataka Societies Registration Act, 1960 (hereinafter referred to as 'the Act' for short). The appellant is a member of the Society and claims to be Former President of the Society. The affairs of the Federation are governed by the Bye Laws, which have been framed in accordance with Ss. 9 and 10 of the Act. Subsequently, there was a proposal to amend the Memorandum of Association and Rules and Regulations of the Society, which was placed before the Executive Committee and was circulated to the members of the Federation as mandated by Ss. 9 and 10 of the Act. The amendments were proposed to Rule 6 by inserting Rule 6.17 and Rule 6.19. There was no proposal for incorporating Rule 6.20.

(3.) On 9/11/2019, a special general meeting was held. In the aforesaid special general meeting, Rule 6.20 was approved by the members. Thereafter, a resolution was sent by the Federation to seek approval of amendment to the memorandum of association and Rules and Regulations of the Federation, to the Registrar. Thereafter, the Federation sent the amendment to the Memorandum of Association and rules and regulations of the Society to the District Registrar of the Societies for registration. The district registrar by an order dtd. 27/12/2009 approved the amendment.