LAWS(KAR)-2016-8-69

KARNATAKA TECHNICAL EDUCATION SOCIETY (KTES), KANAKAPURA MAIN ROAD, BANGALORE Vs. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS, DEPARTMENT OF REGISTRATION OF SOCIETY, BANGALORE AND OTHERS

Decided On August 02, 2016
Karnataka Technical Education Society (KTES), Kanakapura Main Road, Bangalore Appellant
V/S
The Inspector General of Registration and Commissioner of Stamps, Department of Registration of Society, Bangalore and others Respondents

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 30-9-2014 impugned at Annexure-A to the petition. By the said order, the second respondent has recalled the Certificate dated 5-2-2014 under which the acceptance of the returns filed for the period 1-4-2011 to 31-3-2013 was issued in favour of the petitioner.

(2.) The person representing the petitioner-society claims to be its Chairman. The society is registered with the object of imparting education in the premises which is situate at Sy. Nos. 224 and 226, Saluhunase near Kaggalipura, Udayapura Post, Kanakapura Main Road, Bengaluru. The issue presently in this petition is however with regard to the management of the society. The petitioner contends that the Chairman of the old management viz., the third respondent herein approached the person who is presently representing the petitioner as the Chairman to takeover the management of the society due to his advanced age and personal problems of the outgoing committee members. In that regard, resolutions are said to have been passed on 9-11-2013 and 9-12-2013 inducting 9 new members to the Governing Committee/Managing Committee of the society. In that view, it is claimed that all the erstwhile members resigned from the society. Pursuant thereto, the returns filed by the new management is stated to have been accepted by the second respondent and a Registration Certificate dated 5-2-2014 at Annexure-C was issued.

(3.) The petitioner in that background is referring to the manner in which the new Management Committee conducted the affairs of the society in running the educational institutions. The grievance of the petitioner is that though this was the position, the second respondent without providing an opportunity to the petitioner has passed the order dated 30-9-2014 whereby the acceptance of the returns for the period from 1-4-2011 to 31-3-2013 was made and the certificate dated 5-2-2014 issued in that regard are withdrawn. It is in that view' the petitioner claiming to be aggrieved is before this Court.