NETHAJI EDUCATIONAL SOCIETY MALUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) an order issued by the 4th respondent-registrar of societies, kolar, in consequence of an enquiry conducted under Section 25 of the Karnataka societies Registration Act, 1960 is what has been brought under challenge in these writ petitions. Briefly stated the facts giving rise to the controversy are as under:

(2.) Sri nethaji educational society, malur is a society registered under the Karnataka societies Registration Act, 1960. One Sri s. Venkatramana the founder president of the society appears to have presented a petition before the registrar making certain allegations as regards the affairs of the society. On receipt of this representation the registrar by bis order dated 10-9-1991 directed a suo moto enquiry under Section 25 of the act and on the basis of the findings recorded at the said enquiry passed the order impugned in these writ petitions. By the said order the registrar held that the committee headed by Sri s. Venkatramana and Sri m. Lakshmappa as president and secretary thereof was the legally elected executive committee of the society and directed that a special general body meeting of the society be convened within one month from the date of the order to elect 7 members of the executive committee as per bye-law 6 of the bye-laws of the society. Aggrieved by the conduct of the enquiry, the findings recorded therein and the consequential directions issued by the registrar, the petitioners have come up with the present writ petitions for a writ of certiorari quashing the impugned order primarily on the ground that the registrar had no power under Section 25 of the act to conduct an enquiry on the basis of an application filed by some only of the members of the society or to decide the rival claims made by the two factors before him.

(3.) I have heard Sri V. Lakshminarayana, learned counsel appearing for the petitioners and the government Advocate who has appeared for the respondents.