NANDINI LAYOUT CLUB Vs. GURUCHARAN R HARITE

JUDGEMENT

(1.) The first petitioner is a Society registered under the Karnataka Societies Registration Act, 1960 [for short, 'the Act'], and the other petitioners respectively are its President and Secretary. The first respondent is elected as a Treasurer along with the second and third petitioners. The third petitioner has issued a suspension notice dtd. 29/5/2025 informing the first respondent that he is kept under suspension,[This notice does not in clear terms mention that the petitioner's membership is suspended, and it could be argued that the suspension is as regards the petitioner being the Treasurer of the Society.] with immediate effect. The first respondent has filed a complaint with the second respondent, and this complaint is entertained under Sec. 25 of the Act.

(2.) The second respondent, by the impugned order dtd. 10/7/2025, has granted an interim order staying the first respondent's suspension This order has been in force for more than a month now, and it is brought on record that the first respondent has resumed office as the Treasurer of the Society and he has also brought forth to the second respondent's consideration certain acts, which according to this respondent, justifies a detailed enquiry under Sec. 25 of the Act into the Society's working and financial affairs.

(3.) Mr. A. Gunasekharan, the learned the learned counsel for the petitioners, relying upon Rule 8 of the Karnataka Society's Registration Rules, 1961 [for short, 'the Rules'], submits that the Registrar of the Societies whenever there is a proposal to hold an enquiry under Sec. 25 of the Act, must cause notice to the Society specifying the date and the time of enquiry with an opportunity to offer explanation, but the second respondent has entertained the complaint at the first respondent's instance without even notice.