BOWRING INSTITUTE Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) PETITIONER in this petition is a Society registered under the Karnataka Societies Registration Act, 1960. Petitioner has sought for quashing the impugned notice dated 25th November, 2008 under Section 25 of the Karnataka Societies Registration Act, 1960, produced as annexure-B to the writ petition.

(2.) THE grievance of the petitioner-Institute in the instant writ petition is that, it is a Society registered under the Karnataka Societies Registration act, 1960 and was established in the year 1868 as a literary and scientific institute. It is a 140 year old Association and was formally registered under the Societies Registration Act, 1860 and subsequently, under the Mysore societies Registration Act, 1960. The main objects of the petitioner -Institute is to permit the literary, scientific and social improvement of all classes of the community, of both sexes, by means of a reading room, library, concerts and other entertainment and such other indoor and outdoor games and amusements and offers facilities for physical, intellectual and moral improvement. It is the case of petitioner that, the Institute has been functioning within the parameter of the bye-laws of the said Society and in compliance with the relevant provisions of the Karnataka Societies registration Act, 1960 and the said Institute is one of the premier and reputed Institutes known for its excellence and the Administration has got full transparency. When such being the case, the District Registrar of societies, exercising his power under Section 25 of the Karnataka Societies registration Act, 1960 on the basis of the complaint given by few unscrupulous members" of the Institute regarding the functioning of the institute, without application of mind, has proceeded to appoint the Enquiry officer, contrary to Section 25 of the Act, as referred above. Therefore, petitioner herein felt necessitated to present the instant writ petition seeking appropriate reliefs, as stated supra.

(3.) I have heard learned Counsel appearing for petitioner and learned additional Government Advocate appearing for respondent.