Case Note & Summary
The petitioners, who are members of the 4th respondent society (Bantara Yane Nadavara Mathru Sangha), filed writ petitions under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 16.09.2011 issued by the Deputy Registrar of Co-operative Societies, Dakshina Kannada District, Mangalore. The endorsement certified and registered amendments to the society's bye-laws under Section 10 of the Karnataka Societies Registration Act, 1960. The petitioners also challenged the resolution passed in a Special General Body Meeting held on 07.08.2011 at Kundapur, which proposed the amendments. Additionally, they sought a writ of mandamus directing the State Government to appoint an administrator to the society. The court examined the scope of Section 10 of the Act and the locus standi of individual members to challenge the registration of bye-law amendments. The court noted that the Registrar, while registering amendments, acts in an administrative capacity and is not required to issue notice to members or hold an inquiry. The Act does not provide for any hearing before registration. The court held that individual members have no right to challenge the registration under Section 10, as the registration is merely a ministerial act of certifying that the amendment has been duly passed by the society. The proper remedy for members aggrieved by the amendment is either to file a civil suit for declaration and injunction or to approach the Registrar under Section 25 of the Act, which provides for settlement of disputes. The court dismissed the writ petitions as not maintainable, but granted liberty to the petitioners to avail alternative remedies in accordance with law.
Headnote
A) Societies Registration Act - Locus Standi - Challenge to Registration of Bye-law Amendments - Individual members of a society cannot maintain a writ petition challenging the registration of amendments to bye-laws under Section 10 of the Karnataka Societies Registration Act, 1960, as the Act does not provide for any notice or hearing to members before such registration. The remedy for members aggrieved by the amendment lies either by way of a civil suit or by approaching the Registrar under Section 25 of the Act. (Paras 1-5) B) Societies Registration Act - Registrar's Power - Section 10 - Registration of Bye-law Amendments - The Registrar, while registering amendments under Section 10 of the Karnataka Societies Registration Act, 1960, acts in an administrative capacity and is not required to issue notice to members or hold an inquiry. The registration is a ministerial act of certifying that the amendment has been duly passed by the society. (Paras 3-4) C) Societies Registration Act - Remedy - Section 25 - Members aggrieved by any act of the society or its office bearers may approach the Registrar under Section 25 of the Karnataka Societies Registration Act, 1960, or file a civil suit for declaration and injunction. A writ petition under Article 226 is not maintainable for such disputes. (Para 5)
Issue of Consideration
Whether individual members of a society registered under the Karnataka Societies Registration Act, 1960 have the locus standi to challenge the registration of amendments to the bye-laws by the Registrar under Section 10 of the Act.
Final Decision
The writ petitions are dismissed as not maintainable. However, liberty is reserved to the petitioners to avail such remedies as are available to them in accordance with law, including approaching the Registrar under Section 25 of the Karnataka Societies Registration Act, 1960 or filing a civil suit.
Law Points
- Standing of individual members to challenge registration of bye-law amendments under Section 10 of Karnataka Societies Registration Act
- 1960
- Scope of Registrar's power under Section 10
- Remedy for members aggrieved by bye-law amendments lies under Section 25 of the Act or civil suit
- No requirement of notice or hearing before registration of amendments
