Writ petition challenging an order removing a petitioner from a registered society's membership. The High Court set aside the removal order citing insufficient reasons by the authority and remanded the matter for a fresh decision.
Order dated 09.06.2015 is set aside and matter is remanded to the 1st respondent to take a decision afresh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 30770 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 30770 OF 2015 (GM-KSR)
BETWEEN:
…PETITIONERS
(BY SRI. M P SRIKANTH, ADVOCATE)
Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka
AND:
WP No. 30770 of 2015
HOUSING BOARD COLONY, LAKSHMIPURA LAYOUT, ARASIKERE TALUK, HASSAN DISTRICT-573103.
WP No. 30770 of 2015
KASABA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT-573 103.
WP No. 30770 of 2015
…RESPONDENTS
(BY SMT. A R SHARADAMBA, ADVOCATE FOR R1; SRI AKSHAY KUMAR JAIN, ADVOCATE FOR M/S. P P HEGDE ASSOCIATES FOR R2 TO R12)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 09.06.2015 PASSED BY THE R-1 VIDE ANNEXURE-K.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners herein have questioned the order dated
09.06.2015 issued by the 1st respondent vide Annexure-K whereby, the respondent-authorities have removed the membership of the petitioners herein from the Adishakti Vidyasamste-petitioner No.2.
WP No. 30770 of 2015
for the offences punishable under Section-419, 468 read with section 34 of IPC as well as complaint to the District Registrar of Society, requesting the respondent-authority to take appropriate proceedings under Section-25 of Karnataka Societies Registration Act, 1960 and the said complaint was opposed by the private respondents. The respondent-authority has passed impugned order dated 09.06.2015 stating that the 1st petitioner be removed from 2nd petitioner and feeling aggrieved by the same, the petitioners have presented this writ petition.
WP No. 30770 of 2015
petitioner-Society and taking into consideration Clause 13(e) of the bye-laws of Society, the respondent-authority has passed the impugned order dated 09.06.2015, which requires to be reconsidered by the 1st respondent herein. In that view of the matter, the reasons assigned by the 1st respondent-Society cannot be accepted to remove the 1st petitioner from the membership of petitioner-Society and accordingly, order dated 09.06.2015 passed by 1st respondent-Society is set aside and matter is remanded to 1st respondent to take decision in the matter afresh in accordance with law. Accordingly, the writ petition is allowed and matter is remanded to the respondentauthority in terms of the observations made above.
SD/JUDGE
SB
List No.: 1 Sl No.: 67
2 issues framed by the court
Whether the order removing the petitioner from the society membership under clause 13(e) of the bye-laws is legal.
Whether the reasons assigned by the respondent authority for removal are acceptable.
4 provisions across 3 enactments
Sri Cheluva BhoVI
Adishakti Vidyasamste
Registrar of Society Hassan District
Sri K.S. Jayaprakash
Sri Ramappa
Sri B.V. Mariyamma
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
