B. UMESH Vs. VINAYAKA SEVA SAMITHI

JUDGEMENT

(1.) The petitioners claim that they are the founder members of the 1st respondent-a Society registered under the Karnataka Societies Registration Act, 1960, established with an object of running devotional and cultural center, to gather and hold lectures etc. In the annual general body meeting of the 1st respondent held on 10-11-2013, a resolution having been passed to cancel the life membership of the petitioners and a publication with regard to cancellation of the petitioners' life membership of the 1st respondent having appeared in a newspaper, vide Annexure-D, these writ petitions have been filed, to quash a communication dated 9-12-2013, as at Annexure-A and for grant of consequential reliefs. Sri M.S. Rudraiah, learned Advocate for the petitioners, by placing reliance on the decision in the case of Asranna v. The Virajpet Town Co-operative Bank Limited and Others,1969 2 MYSLJ 336 contended that the communication, as at Annexure-A is illegal and liable to be quashed. He submitted that the memorandum of association of the 1st respondent does not provide for removal of existing members and hence, the resolution passed by the general body on 10-11-2013 being arbitrary, incompetent and without jurisdiction, cannot be given effect to by issue of communication, as at Annexure-A and the publication in the newspaper, vide Annexure-D.

(2.) Bye-laws of the Society regulate the management of the society and govern relationship between the society and members inter se. They are in the nature of Articles of Association of a Company, registered under the Companies Act, 1956. Unless the Bye-laws are inconsistent with the Acts and Rules, the members are bound by the Bye-laws.

(3.) Annexure-B is the memorandum of association of the 1st respondent. It contains the Rules and Regulations. It contains the provisions with regard to membership and removal. Under the heading membership, the following is relevant.--