Girijana Plastic Kasubudara Sangha (R) Vs the Deputy Registrar of Co. Operative Societies and District Registrar of Societies.

The petitioner/society, which is registered under the provisions of the Karnataka Societies Registration Act, 1960, (for short, 'Act') is aggrieved by the order dated 19.07.2022, bearing No.DRM/C-12:1/479/2003-04/202223, passed by the respondent vide Annexure-F and consequently, exercising power under Section 13(1) of the Act. The registration of the petitioner's society is cancelled on the premises that the society has failed to file the relevant records for a consecutive period of five years. Therefore, the respondent acting under Section 13(1) of the Act has cancelled the registration of the society, which is now impugned. The petitioner's representation is also

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rejected consequent to the order passed vide Annexure-J.

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These two orders are challenged before this Court.

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Before this Court adverse to the case on hand, this

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Court deems it fit to extract the order dated 05.08.2025, which reads as under:

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"Upon hearing Mr. Sandesh T.B, the learned counsel for the petitioner and subject to further orders, the petitioner is permitted to file annual statement for the relevant years with the respondent within four weeks from today, who is called upon to verify the same and take a stand for disposal of this petition.

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Mr. Rahul Cariappa, the learned Additional Government Advocate, who is called upon to accept notice for the respondent is informed accordingly.

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The office is directed to re-list this petition for Preliminary Hearing 'B' Group on 15.09.2025."

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Heard the learned counsel appearing for the

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petitioner and the learned Additional Government Advocate appearing for the respondent. This Court has also carefully perused the pleadings on record, the documents produced by the parties, as well as the earlier order passed by this Court on 05.08.2025.

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The petitioner is a society stated to have been established in the year 2004. It is the specific case of the petitioner that the society was formed by members belonging to tribal communities, namely Dungri Garasiya, Jenu Kuruba and Soliga tribes. According to the petitioner, the members of the said tribal communities are engaged in livelihood activities connected with plastic products and allied materials, and the society functions as a collective platform through which the members sell rack plastics and other related products in order to earn their livelihood. The grievance of the petitioner is directed against the action initiated by the respondent–Registrar under Section 13 of the Act, culminating in cancellation of the registration of the petitioner-society. The petitioner contends that the default alleged by the respondent pertains to nonsubmission of the statutory annual records, namely the list of members containing their names, addresses and occupations, together with the audited balance sheet and the income and expenditure account. It is the explanation

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offered by the petitioner that the failure to submit the said records was neither deliberate nor intentional, but was occasioned due to lack of awareness and literacy among the members, most of whom belong to marginalized tribal communities, coupled with the negligence and inaction on the part of the earlier office bearers of the society.

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A perusal of the records would indicate that this Court, while considering the matter earlier, had passed an order dated 05.08.2025 granting an opportunity to the petitioner-society to cure the defect. By the said order, this Court permitted the petitioner to file the annual statements and other relevant records for the concerned years before the respondent-authority within a period of four weeks. The respondent was also directed to examine the said records upon receipt and take an appropriate stand in the matter so as to facilitate disposal of the writ petition.

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The learned counsel appearing for the petitioner, on instructions, submits before this Court that in compliance with the directions issued under the order dated 05.08.2025, the petitioner-society has furnished the relevant annual statements and connected records before the jurisdictional Registrar within the stipulated period of four weeks. It is therefore contended that the petitioner has complied with the liberty granted by this Court and the matter now requires reconsideration by the respondentauthority in light of the documents so produced.

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However, the learned Additional Government Advocate appearing for the respondent submits that he is presently not in a position to indicate as to whether the respondent-authority has examined the records said to have been furnished by the petitioner pursuant to the order dated 05.08.2025.

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Be that as it may, having regard to the liberty granted by this Court under the said order and also taking

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into consideration the mandate contained in the second proviso to Section 13 of the Act, this Court is of the view that the matter requires reconsideration by the respondent-authority. Accordingly, the impugned order at Annexure–F, as well as the order passed on the petitioner’s representation at Annexure–J, are liable to be set aside. The matter is remitted to the respondent for fresh consideration, with a direction to examine the petitioner’s case in the light of the order dated 05.08.2025 and the second proviso to Section 13 of the Act, and thereafter pass appropriate orders in accordance with law, taking into consideration the records stated to have already been furnished by the petitioner for the relevant years.

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For the foregoing reasons, this Court passes the following:

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ORDER

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i. The writ petition is allowed in part .

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ii. The impugned order dated 19.07.2022 vide Annexure–F, as well as the endorsement dated 07.05.2025 vide Annexure–J, are hereby quashed and set aside.

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iii. The matter is remitted to the respondent– authority for fresh consideration, with a direction to examine the records and annual statements stated to have been furnished by the petitioner–society in compliance with the requirements contemplated under Section 13 of the Act.

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iv. While undertaking such reconsideration, the respondent shall also take into account the order dated 05.08.2025 passed by this Court and shall pass appropriate orders strictly in accordance with the second proviso to Section 13 of the Act, after duly verifying the records

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