Case Note & Summary
The petitioners, Gousemohammad and Gousmohiddin, who claimed to be Vice President and Chairman respectively of Al-Meezan Educational and Social Welfare Society, Bagalkot, filed a writ petition under Article 226 of the Constitution of India challenging a communication dated 16.05.2025 issued by the District Registrar of Societies (Respondent No.1). The communication appointed an Enquiry Officer (Respondent No.2) under Section 25 of the Karnataka Societies Registration Act, 1960, to conduct an enquiry into the affairs of the society. The petitioners contended that the impugned order was passed without any notice or opportunity of hearing to them, thereby violating principles of natural justice. The respondents, including the Registrar and private respondents who claimed to be office bearers of the same society, opposed the petition. The court, after hearing arguments, found that the impugned communication was indeed issued without affording any hearing to the petitioners. The court held that the principles of natural justice require that before any adverse order is passed, the affected party must be given an opportunity to be heard. Consequently, the court quashed the impugned communication and directed the District Registrar to conduct a fresh enquiry after giving an opportunity of hearing to all concerned parties, including the petitioners, and to pass a reasoned order within three months from the date of receipt of the order. The writ petition was allowed.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Section 25 of Karnataka Societies Registration Act, 1960 - The District Registrar appointed an Enquiry Officer without issuing notice or hearing the petitioners, who were office bearers of the society. The court held that such an order violates principles of natural justice and is liable to be quashed. (Paras 1-5) B) Society Law - Enquiry under Section 25 - Karnataka Societies Registration Act, 1960 - The court directed the Registrar to conduct a fresh enquiry after giving an opportunity of hearing to all concerned parties, including the petitioners, and to pass a reasoned order within three months. (Paras 5-6)
Issue of Consideration
Whether the impugned communication dated 16.05.2025 issued by the District Registrar of Societies appointing an Enquiry Officer under Section 25 of the Karnataka Societies Registration Act, 1960, without affording an opportunity of hearing to the petitioners, is sustainable in law.
Final Decision
The writ petition is allowed. The impugned communication dated 16.05.2025 issued by Respondent No.1 is quashed. Respondent No.1 is directed to conduct a fresh enquiry under Section 25 of the Karnataka Societies Registration Act, 1960, after giving an opportunity of hearing to all concerned parties, including the petitioners, and to pass a reasoned order within three months from the date of receipt of the order.
Law Points
- Natural Justice
- Audi Alteram Partem
- Enquiry under Section 25 of Karnataka Societies Registration Act
- 1960
- Writ of Certiorari
- Writ of Mandamus
