Karnataka High Court
Syed Asadulla vs The State Of Karnataka on 17 February, 2026
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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WP No. 327 of 2023
C/W WP No. 12499 of 2021
WP No. 21880 of 2021
HC-KAR WP No. 8386 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 327 OF 2023 (GM-KSR)
C/W
WRIT PETITION NO. 12499 OF 2021 (GM-KSR)
WRIT PETITION NO. 21880 OF 2021 (GM-KSR)
WRIT PETITION NO. 8386 OF 2022 (GM-KSR)
IN WP No. 327/2023
BETWEEN:
1. ISLAMIC MISSION OF INDIA
REGISTERED UNDER KARNATAKA SOCIETIES
REGISTRATION ACT
HAVING OFFICE AT NEAR MEENAKSHI TEMPLE
BANNERGHATTA MAIN ROAD,
BENGALURU - 560 076
Digitally signed REPRESENTED BY ITS GENERAL SECRETARY
by SUMA B N
Location: MR. NASEER AHAMED
HIGH COURT
OF
KARNATAKA 2. AKMALUDDIN SHERIEFF
S/O K.K. SHERIEF
AGED ABOUT 63 YEARS
THE PRESIDENT OF
ISLAMIC MISSION OF INDIA
HAVING OFFICE AT ISLAMIA INSTITUTE OF TECHNOLOGY
NATIONAL PARK ROAD
HULIMAVU VILLAGE
BANGALORE - 560 076.
3. MR. NASEER AHAMED
S/O CKM HYDER
AGED ABOUT 61 YEARS
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WP No. 21880 of 2021
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GENERAL SECRETARY
ISLAMIC MISSION OF INDIA
HAVING OFFICE AT ISLAMIA INSTITUTE OF TECHNOLOGY
NATIONAL PARK ROAD
HULIMAVU VILLAGE
BANGALORE - 560 076.
...PETITIONERS
(BY SRI. V.LAKSHMINARAYANA SR. COUNSEL FOR
SRI MOHUMED SADIQH B.A., ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY DEPARTMENT
OF CO-OPERATIVE SOCIETIES
M.S. BUILDING GOVERNMENT OF KARNATAKA
BANGALORE - 560 001.
2. THE REGISTRAR
DEPARTMENT OF CO-OPERATIVE SOCIETIES
NO.1, ALI ASKAR ROAD
BANGALORE - 560 052.
3. THE JOINT REGISTRAR (SILK)
DEPARTMENT OF CO-OPERATIVE
SOCIETIES SILK BHAVAN OKALIPURAM
BANGALORE - 560 021.
4. THE DISTRICT REGISTRAR
DEPARTMENT OF CO-OPERATIVE SOCIETIES
4TH ZONE 3RD FLOOR, SAHAKARASOUDHA,
8TH CROSS, MALLESHWARAM,
BANGALORE -560 003.
5. MR. SHABEER KHAN
S/O LATE AMEER KHAN
AGED ABOUT 48 YEARS
R/AT NO.16, UMAR BAGH LAYOUT
BANASHANKARI J.P. NAGAR
BANGALORE - 560 078.
6. MR. SAMAD KHAN
S/O LATE AMEER KHAN
AGED ABOUT 49 YEARS
NO.10 G.F. BUSINESS POINT
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BRIGADE ROAD
RICHMOND TOWER
BANGALORE - 560 025.
7. MR. MUSHTAQ AHMED
S/O SHAIK AMEER
AGED ABOUT 61 YEARS
R/AT NO.77, 7TH CROSS
1ST FLOOR, CHINNUYAN PALLYA
ADUGODI POST
BANGALORE - 560 030.
8. MOHAMMED ILYA AHMED
S/O ABDUL KHAYUM
AGED ABOUT 56 YEARS
R.N. HIGH SCHOOL BUILDING NO.22
B.H. ROAD, TUMKUR.
9. SYED ASADULLA
S/O LATE S.A. RAHIM
AGED ABOUT 76 YEARS
NO.18, FLAT NO.302
NHI LAYOUT
1ST CROSS, 4TH BLOCK
BANGALORE - 560 041.
...RESPONDENTS
(BY SRI. S. ISMAIL ZABIULLA, AAG A/W
SMT. B.P.RADHA, AGA FOR R1 TO R4;
SRI JAYAKUMAR S. PATIL, SR. COUNSEL FOR
SRI NAVEED AHMED, ADVOCATE FOR R5 AND R6;
R7 IS SERVED AND UNREPRESENTED
SRI. VINAY KEERTHY M., ADVOCATE FOR R8;
SMT. RESHMA K.T., ADVOCATE FOR R9)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER
DATED 09.03.2022, PASSED IN DRB-4/S.O.R/COMPLAINT/205/2020-
21 AT ANNEXURE-A BY THE RESPONDENT NO.4, I.E., THE DISTRICT
REGISTRAR DEPARTMENT OF CO-OPERATIVE SOCIETIES, 4TH CIRCLE
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BANGALORE URBAN DISTRICT AS NULL AND VOID AND THE SAME
BE SET ASIDE AND ETC.
IN WP NO. 12499/2021
BETWEEN:
ISLAMIC MISSION OF INDIA REGD.
NATIONAL PARK ROAD
HULIMAVU VILLAGE
REPT. BY ITS GENERAL SECRETARY
MR NASEER AHMED
S/O C K M HYDER
AGED ABOUT 60 YEARS
NO.391 2ND MAIN 2ND CROSS
R M V EXTENSION
BANGALORE - 94
...PETITIONER
(BY SRI. A.LOURDU MARIYAPPA, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
CO-OPERATION DEPARTMENT
GOVT. KARNATAKA
M.S. BUILDING
BANGALORE.
2. THE DISTRICT REGISTRAR
CO-OP SOCIETIES AND
DISTRICT REGISTRAR OF SOCIETIES
4TH ZONE 3RD FLOOR
SAHAKARA SOUDHA
8TH CROSS, MALLESHWARAM
BANGALORE - 03.
3. SYED ASADULLA
S/O UNKNOWN
AGED ABOUT 73 YEARS
NO.18 FLAT NO.302
NAL EXTENSION
1ST CROSS, 4TH BLOCK
JAYANAGAR
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BANGALORE - 41
4. NAWAB JAAN
S/O UNKNOWN
AGED ABOUT 76 YEARS
PNT COLONY, 2ND CROSS
VENKATESHPURA
BANGALORE - 45
5. SHAFFI ULLA KHAN
S/O UNKNOWN
AGED ABOUT 65 YEARS
NO.17/31, 3RD MAIN ROAD
BTM 1ST BLOCK
BANGALORE - 29.
6. A. SAMAD KHAN
S/O UNKNOWN
AGED ABOUT 46 YEARS
NO.3 4TH FLOOR, UNITED DALLAS
ALEXANDRIA STREET
RICHMOND TOWN
BANGALORE - 25.
7. SHABBER KHAN
S/O AMIR KHAN
AGED ABOUT 33 YEARS
NO.33/34, 6TH CROSS
VINAYAKANAGAR
BANGALORE - 560 030.
8. AMIR ALI BAIG
S/O UNKNOWN
AGED ABOUT 74 YEARS
NO.378/1 TILAK NAGAR MAIN ROAD
26TH MAIN ROAD
JAYANAGARA
BANGALORE - 41
9. H MOHAMMED SHAFI
S/O UNKNOWN
AGED ABOUT 68 YEARS
NO.250 NAGMATH COMPLEX
NALAYANNA NAGAR
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DHARAPET
TIRUPUR - 638656
10. H MOHAMMED RAFI
S/O UNKNOWN
AGED ABOUT 68 YEARS
NO.250 NAGMATH COMPLEX
NALAYANNA NAGAR
DHARAPET
TIRUPUR - 638 656
11. MOHAMMED KHALID PASHA
S/O UNKNOWN
AGED ABOUT 50 YEARS
NO.17/31, 3RD MAIN ROAD
BTM 1ST BLOCK
BANGALORE
12. MUSTAQ AHMED
S/O UNKNOWN
AGED ABOUT 55 YEARS
NO.77, 7TH CROSS
1ST FLOOR, CHINNAYUN PALYA
AUDUGODI POST
BANGALORE - 560 030
[DELETED AS PER ORDER DATED 03.12.2024]
13. ILYAS AHMED
S/O HAJI T ABDUL KHAYUM SAHIB
AGED ABOUT 50 YEARS
PROPRIETOR MADEENA AUTOMOBILES
BH ROAD, TUMAKURU - 572 101.
...RESPONDENTS
(BY SRI. S.ISMAIL ZABIULLA, AAG A/W SMT.B.P.RADHA AGA
FOR R1 AND R2;
SMT. RESHMA K.T., ADVOCATE FOR R3, R4 AND R 8;
V/O DATED 09.09.2022, NOTICE TO R5 AND R11 IS H/S;
SRI MOHAMMED AFROZE, ADVOCATE FOR R6 AND R7;
R9 AND R10 ARE SERVED AND UNREPRESENTED;
V/O DATED 03.12.2024, R12 IS DELETED
SRI.VINAY KEERTHY.M., ADVOCATE FOR R13)
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WP No. 21880 of 2021
HC-KAR WP No. 8386 of 2022
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER
DATED 22.12.2020 PASSED IN VIDE NO.DRB4/SOR/DR/205
(43/2010/11)/2020-21, BY THE RESPONDENT NO.2 - DISTRICT
REGISTRAR OF SOCIETIES, BENGALURU, AND ALSO QUASH THE
ENTIRE PROCEEDINGS WHICH IS ILLEGAL AND ARBITRARY OF
VIDE NO.DRB4/SOR/DR/205 (43/2010/11)/2020-21 VIDE
ANNEXURE-E AND ETC.
IN WP NO. 21880/2021
BETWEEN:
ISLAMIC MISSION OF INDIA (R)
NATIONAL PARK ROAD,
HULIMAVU VILLAGE
BANNERGHATTA ROAD,
BANGALORE-560 076
REPRESENTED BY ITS GENERAL SECRETARY
SRI SAMAD KHAN.
...PETITIONER
(BY SRI. SUNIL KUMAR H., ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY DEPARTMENT
OF CO-OPERATION
M.S. BUILDING
GOVERNMENT OF KARNATAKA
BANGALORE-560 001.
2. THE DISTRICT REGISTRAR
DEPARTMENT OF CO-OPERATIVE SOCIETIES
4TH ZONE 3RD FLOOR,
SAHAKARASOUDHA, 8TH CROSS
MALLESWARAM
BANGALORE-560 003.
3. THE REGISTRAR
DEPARTMENT OF CO OPERATIVE SOCIETIES
NO.1, ALI ASKAR ROAD,
BANGALORE-560 052.
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4. THE JOINT REGISTRAR (SILK)
DEPARTMENT OF CO-OPERATIVE SOCIETIES
SILK BHAVAN
OKALIPURAM
BANGALORE-560 021.
5. MR. NASEER AHAMED
S/O CKM HYDER
AGED ABOUT 61 YEARS,
GENERAL SECRETARY,
ISLAMIC MISSION OF INDIA
HAVING OFFICE AT
ISLAMIA INSTITUTE OF TECHNOLOGY
NATIONAL PARK ROAD,
HULIMAVU VILLAGE,
BENGALURU-560 076.
...RESPONDENTS
(BY SRI. S. ISMAIL ZABIULLA, AAG A/W
SMT. B.P.RADHA, AGA FOR R1 TO R4;
SRI. MOHUMED SADIQ, B.A., ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER
NO.JR/SILK/01/2020-21 DATED 18.02.2021 ISSUED BY THE
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (SILK) VIDE
ANNEXURE-A AND ETC.
IN WP NO. 8386/2022
BETWEEN:
SYED ASADULLA
AGED ABOUT 73 YEARS
S/O LATE S.A RAHIM,
R/AT NO.18 FLAT NO.302,
N.E.N LAYOUT, 1ST CROSS ROAD,
4TH BLOCK, JAYANAGAR,
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BENGALURU 560 041.
...PETITIONER
(BY SRI. M.T.NANAIAH SR. COUNSEL FOR
SMT. RESHMA K T., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF COOPERATIVE SOCIETIES
M.S BUILDING,
BANGALORE 560001.
2. THE DEPUTY REGISTRAR
DEPARTMENT OF CO-OPERATIVE SOCIETIES
AND DISTRICT REGISTRAR- IV
SAHAKARA SUDHA,3 FLOOR, 3 MAIN ROAD,
8TH CROSS, MALLESHWARAM
BANGALORE- 560 003.
3. ISLAMIA MISSION OF INDIA
A SOCIETY REGISTERED UNDER
SOCIETIES REGISTRATION ACT,
HULIMAVU, OPP: MEENAKSHI TEMPLE,
BANNERGHATTA ROAD,
BENGALURU 560 076
REP BY ITS SECRETARY.
4. MUSHTAQ AHMED
AGED ABOUT 60 YEARS
R/AT NO.77, 7TH CROSS,
1ST FLOOR
CHINNAYANAPALAYA,
AUDUGODI POST
BANGALORE - 560 030.
[DELETED AS PER ORDER DATED 03.12.2024]
...RESPONDENTS
(BY SRI. S. ISMAIL ZABIULLA, AAG A/W
SMT. B.P.RADHA, AGA FOR R1 AND R2;
SRI NAVEED AHMED, ADVOCATE FOR R3;
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V/O DATED 03.12.2024 R4 IS DELETED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS
FROM THE R-2 QUASH THE ENQUIRY REPORT DTD.9.3.2022
MENTIONED VIDE ANNEXURE-R DRB-4/SOR/DOORU/205/2020-
21 WHICH IS ILLEGAL AND BAD IN LAW AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
The petitioner in W.P.No.12499/2021 is before this Court, seeking following reliefs:
"[a] Issue a writ of Certiorari quashing the Order, Dated :22/12/2020 passed in vide No. DRB4/SOR/DR/205(43/2010/11)/2020-21, by the Respondent No.02 - District Registrar of Societies, Bengaluru. And also quash the entire proceedings which is illegal and arbitrary of vide No. vide DRB4/SOR/DR/205(43/2010/11)/2020-21 vide "ANNEXURE - "E".
[b] Issue a writ of Certiorari quashing the Order, dated:
21/12/2020 and 29/12/2020 authorizing the list of unauthorized members in Vide. No.395/2020-21 and passed by the Respondent No.02- District Registrar of Societies, Bengaluru, No. DRB4/ SOR/DR/205(43/2010/1 1)/2020-21, vide "ANNEXURE - "F" AND "G".
[c] Issue a Writ of Mandamus directing the Respondent Nos.03 to 11 not to create invincible problems affecting both the peaceful atmosphere far reaching effect on career of students, and in smooth functioning of the management.
[d] Issue a Writ of Mandamus directing the Jurisdiction Police to consider the complainant lodged by the petitioner vide
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[e] to grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and in the circumstances of the case."
2. The petitioner in W.P.No.21880/2021 is before this Court, seeking following reliefs:
"1. Issue a Writ in the nature of Certiorari to quash the letter No JR/SILK/01/2020-21 dated 18-02-2021 issued by the joint registrar of co operative societies (silk) Vide Annexure-A.
2. Issue a Writ of mandamus directing the registrar of co operative societies to hold an impartial enquiry by affording fair opportunity to all the parties including the petitioner society and then take a decision on the complaints filed against the petitioner society.
3. Issue any other writ or order/s as this Hon'ble court deems fit to grant under the facts and circumstance of the case."
3. The petitioner in W.P.No.8386/2022 is before this Court, seeking following reliefs:
"i) To Issue Writ of Certiorari by quashing the Enquiry report dated 09.03.2022 mentioned vide Annexure-R DRB- 4/SOR/DOORU/205/2020-21 which is illegal and bad in law.
(ii) To Issue Writ of Certiorari by quashing the Executive Body approved vide Annexure-R DRB-4/SOR/DOORU/205/2020- 21 09/03/2022 which is illegal and bad in law.
(iii) Issue Writ of Mandamus directing the Respondent authority to retain duly elected Executive Body produced at Annexure-G and permit them to carry on the rights, duties and functioning of the 3rd respondent society.
(iv) Pass any order/orders that this Hon'ble deems fit according to the facts and circumstances of the case."
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4. The petitioners in W.P.No.327/2023 is before this Court, seeking following reliefs:
"a) Quashing the Order dated: 09.3.2022, passed in DRB-
4/S.O.R/COMPLAINT/205/2020-21 at Annexure-A, by the Respondent No.4, i.e. The District Registrar Department of Co-operative Societies, 4th Circle Bangalore Urban District as null and void and the same be set-aside.
b) Consequently hold that the Election Conducted 27.06.2005, by the Government Election officer is as per this Hon'ble High Court order dated 14.01.2000 passed in MFA No. 865/90 C/w RFA No.25/89 and RFA No.774/88 is valid and subsisting.
c) Cost and such other relief as this Hon'ble Court deems fit to grant."
5. Brief facts leading upto filing of these petitions:
Admittedly, an institution known and called as ''Islamic Mission of India'' (hereinafter referred to as 'the Society') a society registered under the Karnataka Societies Registration Act, 1960 (henceforth referred to as 'the Act'), was initially established for social, educational and charitable purposes which unfortunately seem to have got embroiled itself into perennial controversies of claims and rival claims for memberships and for the posts of office bearers. These batch of writ petitions are in continuation of such controversies.
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6. These writ petitions can be classified into two groups. The first batch of writ petitions in W.P.Nos.12499/2021 and 327/2023 are filed by the Society, represented by a group claiming to be its office bearers namely; Mr. Naseer Ahamed, Mr.Akmaluddin Sherieff and others.
7. The second batch of writ petitions in W.P.Nos.21880/2021 and 8386/2022 are filed by the Society represented by another group claiming to be its office bearers namely; Mr. Shabeer Khan, Mr. Samad Khan and others.
8. The earliest order traceable with regard to inter-se disputes amongst the members of the Society is the order dated 14.01.2000 passed by this Court in M.F.A. No.865/1990 clubbed with R.F.A. Nos.25/1989 and 774/1988. The said appeals had arose out of judgment and decree passed in O.S.No.1921/1981, that had been filed by the then members of the Executive Council of the Society seeking declaratory and ancillary reliefs with regard to the management, administration and financial affairs of the Society.
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9. The said appeals culminated in the aforesaid order dated 14.01.2000, in terms of which this Court directed the then Secretary of the Society to call for General Body Meeting on or before 20.02.2000 to elect members to the Executive Council amongst 33 members whose names were reflected in the said order and thereafter to hold a fresh election in accordance with the bye-laws of the Society.
10. According to the petitioners in the first group of writ petitions, pursuant to aforesaid order dated 14.01.2000 the District Registrar, in exercise of his powers under Section 25 of the Act, appointed Deputy Director, Food and Civil Supplies, as the Election Officer on 07.05.2005 to conduct the election of the Executive Council of the Society, elections were conducted on 27.06.2005 and the first Executive Council meeting of the newly elected members was held on 01.07.2005. The details in this regard were forwarded to the District Registrar on 30.08.2005 and the same were apparently accepted by the District Registrar vide endorsement dated 27.09.2005. The Executive Council, which was so constituted continued to manage and administer the affairs of the Society.
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11. It is their further claim that Sri. Naseer Ahamed and Sri. Akmaluddin Sherieff -petitioner Nos.2 and 3 in W.P.No.327/2023 were subsequently co-opted as the members of the Society, who along with the other members, were incharge of the affairs of the Society.
12. Things stood thus an application came to be filed by Sri.Shabeer Khan and Sri.Samad Khan in application No.DR/SDR/PTN/43/2010-2011, produced at Annexure-S to W.P.No.327/2023. In which, the said persons claiming to have been admitted as members of the Society during the years 2000 to 2003, have sought for an order by the District Registrar directing the Society to recognize their membership by issuing them certificate of membership and also to include their names in the voter's list of the Society. Since no orders were passed on the said application the said persons had approached this Court by filing W.P.Nos.29576-577/2011, seeking a direction to the District Registrar, to consider their aforesaid application. The said writ petition was disposed of on 12.08.2011 with a direction to the District Registrar to consider their application in accordance with law and to pass appropriate
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13. It is thereafter the order dated 27.11.2020 signed on 20.12.2020 (Annexure-E in W.P.No.12499/2021 and Annexure-W in W.P.No.327/2023) came to be passed by the respondent No.2- District Registrar. In terms of which, the District Registrar purported to have recognized the claim of aforesaid Sri. Shabeer Khan and Sri. Samad Khan to be the members of the Society and has also approved and accepted Executive Council of the Society consisting of 9 members with Sri. Syed Asadulla as its President and Sri. Samad Khan as its Secretary. Being aggrieved by the said order W.P.No.12499/2021 came to be filed by the Society represented by Naseer Ahmed as its General Secretary.
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14. The Society represented by the first group of persons namely; Sri. Akmaluddin Sherieff and Sri.Naseer Ahamed (the petitioners 2 and 3 in W.P.No.327/2023) seem to have made a representation to the District Registrar to reconsider the order dated 27.11.2020. Pursuant to the said representation, the District Registrar on a purported enquiry, appears to have found serious irregularities in the affairs of the Society. Certain observations have also been made with regard to the authenticity of the claims made by Sri.Shabeer Khan and Sri.Samad Khan being the members of the Society. The said report also refers to the returns filed by Sri.Shabeer Khan and Sri.Samad Khan, including certain notices and documents which were purportedly signed by Sri.Samad Khan. Juxtaposing the dates appearing on the said documents with dates on which the said persons claim to have been admitted as members of the Society, the District Registrar concluded that the records were manipulated. Accordingly the District Registrar passed the order dated 18.02.2021 (Annexure-Y in W.P.No.327/2023), recommending for withdrawal of the earlier order dated 27.11.2020.
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15. The aforesaid order dated 18.02.2021 is assailed by the Society represented by the second group of persons namely; Sri.Shabeer Khan and Sri.Samad Khan in W.P.No.21880/2021.
16. There appears to have been further inter se disputes amongst the members of the Executive Council of the Society which was approved by the District Registrar vide order dated 27.11.2020 (signed on 22.12.2020) resulting in complaints being filed by one Mustaq Ahmed and others as well as said Shabeer Khan and others. Pursuant to which an enquiry under Section 25 of the Act had been taken up by District Registrar who by order dated 09.03.2022 had accepted the fresh list of office bearers of the Executive Council of the Society allegedly constituted on 25.04.2021 consisting of 7 members this time with Sri.Shabeer Khan as its President, Sri.Sardar Khan as its Vice-President and Sri. Samad Khan as its Secretary. It is this order which has been put in question in W.P.No.327/2023 by the first group of persons.
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17. The petitioner in W.P.No.8386/2022 claims to be the erstwhile member of the Society and is also challenging the order dated 09.03.2022.
18. Thus clearly the aforesaid orders dated 27.11.2020, 18.02.2021 and 09.03.2022 have emerged upon and pursuant to the application filed by Sri.Shabeer Khan and Sri.Samad Khan in application No.DR/SDR/PTN/43/2010-2011, in which, the said persons claiming to have been admitted as members of the Society during the years 2000 to 2003, sought for an order by the District Registrar directing the Society to recognize their membership by issuing them certificate of membership and also to include their names in the voter's list of the Society.
SUBMISSIONS:
19. Sri. V. Lakshminarayana, learned Senior Counsel appearing for Sri. Mohammed Sadiqh, learned counsel for the petitioners in W.P.No.327/2023 and W.P.No.12499/2021 and Sri.M.T.Nanaiah, learned Senior counsel appearing for Smt.Reshma. K.T., learned counsel for the petitioner in W.P.No.8386/2022, submits that the Society is being
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 represented by the members whose names figure in the earliest order passed by this Court in M.F.A. No.865/1990 clubbed with R.F.A. Nos.25/1989 and 774/1988 as well as the order of the District Registrar dated 07.05.2005. It is contended that these members are the only genuine and recognized members of the Society, which fact has been taken into consideration by the District Registrar in his report dated 18.02.2021. That the claim made by the said Sri.Shabeer Khan and Sri.Samad Khan to be the members and officer bearers of the Society runs contrary to the records furnished by themselves. Therefore, they submit that the order dated 27.11.2020 passed by the District Registrar, admitting and accepting the claim of said Sri.Shabeer Khan and Sri.Samad Khan to be the members and the consequent order dated 09.03.2022 be quashed.
19.1 Learned Senior counsel also points out that while issuing the report dated 18.02.2021, the District Registrar has indeed taken into consideration that between the years 2000 and 2005, i.e., between the order passed by this Court in M.F.A. No.865/1999 clubbed with R.F.A. Nos.25/1989 and 774/1988, till appointment of Election Officer as per Annexure -
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 F, the Society was under the control and supervision of the Administrator. As such, there was no possibility of any other person, much less Sri.Shabeer Khan and Sri.Samad Khan coming onto the board of the Society as members.
19.2 He also points out that the order dated 27.11.2020 could not have been passed inasmuch as, there were no proceedings held on the said date. He refers to the order sheet produced at Annexure-H to the writ petition in W.P.No.327/2023. He submits that as on the date on which the impugned order was purported to have been passed, there was no sitting and even on the date on which the order was signed there was no sitting. Therefore, he submits that the very authenticity of the said order is questionable.
19.3 On a query raised by this Court as to the date on which the private petitioners, namely petitioner Nos.2 and 3 - Sri. Akmaluddin Sherieff and Sri.Naseer Ahamed being made as the members, learned Senior Counsel refers to the proceedings of minutes of the meetings of the Society produced at Annexures- F and H in W.P.No.327/2023. He would point out
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 that it is under those proceedings that they were made as members.
20. Per contra, Sri. Jayakumar S. Patil, learned Senior Counsel appearing for Sri. Naveed Ahamed, learned counsel for respondent Nos.5 and 6 namely; Sri.Shabeer Khan and Sri.Samad Khan who are also the petitioners in W.P.Nos.21880/2021 draws the attention of this Court to the statement of objections filed to W.P.No.327/2023 referring to document No.1 produced therewith which appears to be letter dated 19.02.2000 issued by Sri.V.A Mohan Rangam, Advocate, intimating that a general body meeting purported to have been conducted duly electing the Executive Council members named therein.
20.1 He referred to document No.2, which is dated 22.02.2000 indicating conducting of an emergency meeting resulting in the election of the Society of 16 members. He refers to document No.4 and to the agenda of the meeting that was called for on 23.04.2002. Third page of the said document consists of names of 45 persons, who were purportedly enrolled as new members of the Society. In which, at serial Nos.17 and
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 19, the names of Sri.Shabeer Khan and Sri.Samad Khan are reflected. He also refers to document No.7 a copy of the application, which was purportedly submitted by Sri.Samad Khan seeking his membership to the Society.
20.2. He also refers to an order dated 22.11.2005 passed in M.F.A. No.4996/2001, indicating the implicit dispute among certain members of the Society and the allegation of expulsion. Thus, he submits Sri.Shabeer Khan and Sri.Samad Khan, who are the respondent Nos.5 and 6 in W.P.No.327/2023 are the genuine and authentic members of the Society. He also submits that these persons are now the office bearers in- charge of the Society. Therefore, he submits that without providing any opportunity of being heard, the Joint Registrar has submitted a report dated 18.02.2021, contrary to the records and the earlier recommendation made by the District Registrar as per the order dated 27.11.2020 and the consequent order dated 09.03.2022. Hence, he seeks allowing of the writ petition in W.P.No.21880/2021 and dismissal of W.P.Nos.327/2023 and 12499/2021.
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 20.3 Learned counsel for the private respondent Nos.5 and 6 - Sri.Shabeer Khan and Sri.Samad Khan also furnish a copy of an order dated 03.02.2023 passed in W.P.No.438/2021. He submits that the said writ petition was filed by the Society represented by Sri.Naseer Ahamed, challenging the order dated 30.12.2020, which was passed by the Registrar accepting the submission of returns. Therefore, he insists that since the said writ petition has been dismissed as withdrawn, it shall be deemed that there is no challenge from them to the membership or otherwise of the said persons.
21. In response, learned Senior Counsel submits that the said writ petition was withdrawn in view of the formal defect namely, the requirement of challenging the order dated 27.11.2020, in furtherance of which the order dated 30.12.2020 had been passed. After withdrawal of the said writ petition, the present writ petition in W.P.No.327/2023 has been filed. He further submits that the order dated 30.12.2020 is distinct and different from the one which is the subject matter of the present petition.
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22. Learned Additional Advocate General, on instruction submits that since there appears to be two rival groups, if the matter is relegated to the officer/authority under the Act for fresh enquiry in a time-bound manner, opportunity will be provided to both the groups and appropriate orders/reports will be submitted. He also submits that since the property possessed by the Society is considerably large and in the light of the rival groups competing with each other in the interest of the Society, Receiver or Administrator as the case may, also be appointed.
23. Though the learned Senior Counsel appearing for the petitioners in W.P.No.327/2023, W.P.No.12499/2021, W.P.No.8386/2023 and learned Senior counsel appearing for the respondent Nos.5 and 6 - Sri.Shabeer Khan and Sri.Samad Khan are the petitioners in W.P.No.21880/2021, do not oppose or object for relegating the matter to the Enquiry Officer for fresh consideration in accordance with law, however, there appears to be split opinion as regards the appointment of Receiver or Administrator. While learned counsel for the petitioners in W.P.No.12499/2021, W.P.No.327/2023 and
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 W.P.No.8386/2022 also agree for appointment of such an officer, learned Senior Counsel appearing for the petitioners in W.P.No.21880/2021 submits that under the facts situation of the matter there is no requirement of appointment of Receiver or Administrator and if a direction is issued to the parties to maintain the status quo or prohibiting them from creating any third-party interest, the purpose would be served.
24. Heard and perused the records.
Position of law:
25. It is settled position of law that Registrar under the provisions of Section 25 of the Act, can only conduct enquiry with regard to constitution, working and financial condition of a registered Society and submit his report thereof to the Government. He has no jurisdiction to determine the dispute with regard to the claims pertaining to the genuineness or otherwise of the membership of the Society. The dispute with regard to the same has to be adjudicated and determined by a competent Court of Civil jurisdiction, more particularly, when
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 the allegations of fraud, fabrication and manipulation of records are made.
26. This Court in the case of Amiya Vilas Swami and others reported in (2008) 3 KAR LJ 16 dealing with identical matter involving dispute between two groups of a society at paragraphs 30 to 35 has held as under:
"30. The dispute is between two groups namely, plaintiffs 1 to 5 and defendants 1 to 10 on one side and defendants 11 to 17 on the other side.
31. Plaintiffs allege that, defendants 11 to 17 are imposters, they are not the members, do not constitute the governing body of the sixth plaintiff-Society and further they claim that they are the members, they are the governing body and they constitute the society. Whether these disputes could be decided by the Registrar under Section 25 and whether Section 25 provides for a complete mechanism for adjudication of such right?
32. Section 25 of the Act reads as under:
"25. Enquiry by the Registrar, etc.--(1) The Registrar may on his own motion and shall on the application of the majority of the members of the governing body or of not less than one-third of the members of the society, hold an enquiry or direct some person authorised by him by order in writing in accordance with the rules made in this behalf to hold an enquiry into the Constitution, working and financial condition of a registered society.
(2) The Registrar or the person authorised by him under sub-section (1) shall have the following powers, namely.--
(a) he shall, at all reasonable times, have free access to the books, accounts, documents, securities, cash and other properties belonging to or in the custody of the society and may summon any person in possession or responsible for the custody of any such books, accounts, documents, securities, cash or other properties to produce the same at any place at the headquarters of the society or any branch thereof;
(b) he may summon any person who, he has reason to believe, has knowledge of any of the affairs of the society to
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 appear before him at any place at the headquarters of the society or any branch thereof and may examine such person on oath;
(c)(i) he may, notwithstanding anything contained in this Act or in any rule or regulation prescribing the period of notice for a general meeting of the society, require the governing body of the society to call a general meeting at such time and place at the headquarters of the society or any branch thereof and to determine such matters as may be directed by him. If the governing body of the society refuses or fails to call a meeting, he shall have power to call it himself;
(ii) any meeting called under sub-clause (i) shall have all the powers of a general meeting called under the rules or regulations of the society and its proceedings shall be regulated by such rules or regulations;
(iii) when an enquiry is made under this section, the Registrar shall communicate the result of the enquiry to the society concerned.
33. Section 25 as extracted above clearly shows that, the Registrar can hold an enquiry in the matter of Constitution, working and the finance. This power the Registrar can exercise either suo motu or on application, whether such enquiry gives finality to the dispute, whether it provides for adequate remedy to the parties to agitate their grievances.
34. Reading of provisions of Section 25 shows that, the Registrar can hold an enquiry and under Section 25, sub-section (2), clause
(c), sub-clause (iii), he can communicate the result of the enquiry to the society concerned. Section is silent as to what happens to the report, or whether the Registrar can take further decision on the basis of enquiry. If a society is to be communicated with the result of the enquiry, whether such a society is bound by the report or whether the society in pursuance of the said report could take action, all that is provided is only enquiry and submitting of report. Under Section 27-A of the Act, the Government can appoint an Administrator, if the society fails to hold an election even after expiry of the term of the governing body and if there is long pendency of litigation or is not able to hold the annual general meeting, in such circumstances, the power is conferred on the State Government to appoint Administrator. This is again the discretion of the State Government. It is not mandatory for the State Government to appoint Administrator based on report or based on information. The appointment of an Administrator will not resolve the inter se dispute between two groups claiming to constitute valid governing body or valid general body. In this case, both the groups are claiming that they are in the management or they are
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 in the governing body. Provisions of Section 25 or 27-A do not provide for power to adjudicate, as to whether 'A' group is in governing body or 'B' group is in governing body.
35. Section 9 of the CPC confers power on the Civil Court to try all the suits of civil nature, except which are expressly or impliedly barred. It is nobody's case that, the jurisdiction of the Civil Court is expressly barred under the provisions of the Act. It is only by implication, the jurisdiction of the Civil Court is sought to be ousted. Implication is an indirect method of ousting the jurisdiction of the Civil Court. In such a case, the provisions which oust the jurisdiction of the Civil Court, must provide for a mechanism to adjudicate such dispute. The cumulative effect of the statutory provision should provide for adequate remedy on par with the jurisdiction of the Civil Court. In such circumstances, it can be inferred that the jurisdiction of the Civil Court is impliedly excluded."
Discussion and Conclusion:
27. The facts in issue in the instant case is required to be adverted to in the light of the aforesaid settled position of law with regard to the power and jurisdiction of the Registrar under Section 25 of the Act. As already noted above, there are two rival groups claiming their right and entitlement of being the members and officer bearers of the Society tracing their origin as members and office bearers purportedly having come on board of the Society in the meetings that were allegedly held pursuant to and after passing of the order dated 14.01.2000 in M.F.A.No.865/1990 C/w R.F.A.Nos.25/1989 and 774/1988.
The first group claims to have come into existence on and after
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 the meeting that was held on 20.07.2005. While the second group claims to have come into existence on and after the meeting that was held on 30.09.2020.
28. Though, by order 27.11.2020 which was signed on 22.12.2020 the Registrar had accepted the list of members of the Executive Council submitted by Sri. Samad Khan and others, by the subsequent order dated 18.02.2021, the Joint Registrar had raised serious doubt regarding authenticity of the records submitted by Sri. Samad Khan and had categorically found them to have been manipulated. Even the petitions in W.P.Nos. 12499/2021 and 327/2023 filed by the Society represented by first group are replete with allegations of forgery, fabrication and manipulation of records by said Sri.Samad Khan and Sri. Shabeer Khan. Similar are the allegations made by said Sri. Samad Khan and Sri. Shabeer Khan against Sri. Naseer Ahamed and Sri. Akmaluddin Sherieff questioning their very becoming the members of the Society.
29. Even during the pendency of writ petitions the impugned order dated 09.03.2022 has been passed by the Registrar accepting the claim of said Sri. Samad Khan and
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 Sri.Shabeer Khan to be the members and office bearers while declining the claim of Sri. Naseer Ahamed and Sri. Akmaluddin Sherieff. The order dated 09.03.2022 would further indicate that there is also inter-se dispute even amongst the members lead by second group of persons namely Sri. Shabeer Khan and Sri. Samad Khan. Said order is preceded by aforesaid two orders dated 27.11.2020 and 18.02.2021 which as already noted above are pertaining to claims for membership.
30. Though, it is contended by the petitioners in W.P.No.327/2023 that the order dated 09.03.2022 has been passed without providing them any opportunity warranting interference by this Court, while Petitioners in W.P.No.21880/2021 have sought for direction to the Registrar for impartial fresh enquiry into the matter. The dispute raised therein cannot be gone into by the Registrar under Section 25 of the Act or by this Court particularly in the light of serious allegations of forgery, fabrication and manipulation of records being made by one group against the other. This Court therefore do not find it appropriate to relegate the matter to the Registrar for fresh enquiry, inasmuch as the same would be
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 an exercise in futility considering the facts and position of law noted herein above. Until and unless disputed issue with regard to the claims for membership is resolved either through Court or through other legally acceptable means, including amicable resolution if any, no direction can be issued even for conducting of elections to the Executive Council of the Society either.
31. Since serious disputed questions of fact involving forgery, fabrication and manipulation of records are made with regard to claim of membership of the Society, the Registrar ought not to have entertained the disputes and given contradictory reports. It is appropriate therefore to quash the impugned orders reserving liberty to have the dispute adjudicated and resolved by a competent Court of Civil jurisdiction .
32. The petitioner in W.P.No.8386/2022 has sought for a direction to the respondent-Registrar to retain the executive body purported to have been elected and constituted as per Annexure-G to the said writ petition. The said document indicate that the elections were purportedly conducted on 30.09.2020. In the report dated 18.02.2021 produced at
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 Annexure-Y to the Writ petition in W.P.No.327/2023 the respondent-Registrar has found manipulation of records including the records for the year 1979-80 to 2020-21 and has expressed serious doubts about their authenticity. It is under these circumstances, as noted above he had recommended the withdrawal of the order dated 21.12.2020. Though, the petitioner in W.P.No.327/2023 has sought for an order to hold that the election conducted on 27.06.2005 by the Election Officer as per order dated 14.01.2000 passed in MFA No.865/1990 C/w RFA Nos.25/1989 and 774/1988 by this Court as valid and subsisting, there are equally serious allegations made in the objection statement filed to the said writ petition with regard to the very admission of petitioner Nos.2 and 3 having become Members of the Society. Since, this Court has already found matter involving serious allegations and counter allegations with regard to the very authenticity and genuineness of the claim of the petitioners to be the members and or the office bearers of the Society and same cannot be gone into by the Registrar under Section 25 of the Act, reliefs sought in this regard by the petitioners cannot be granted under Article 226 of the Constitution of India.
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33. As already noted above, that the impugned orders dated 27.11.2020, 18.02.2021 and 09.03.2022 have emerged on account of the application in DR/SOR/PTN/43/10-11 (Annexure-S in W.P.No.327/2023) having been filed by Sri.Shabeer Khan and Sri. Samad Khan the respondent Nos.5 and 6 against the Society with their grievance of their applications for membership not being considered constraining them to seek direction from the Registrar to the Society to recognize their membership and also to include their names in the voter's list of the Society. It is therefore appropriate that said Sri. Shabeer Khan and Sri. Samad Khan the respondent Nos.5 and 6 shall seek determination of their claim for membership and their subsequent claim of being elected as the office bearers of the Society by approaching the competent Court of Civil jurisdiction, if so advised. At this juncture, learned counsel for the respondent Nos.5 and 6 submits that liberty be reserved to them to raise all contentions in such suit to be filed by them.
34. In the light of the contents of the enquiry reports and the submissions made by the learned Additional Advocate
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 General as already noted above, it is necessary that further direction be issued to the respondent-State to pass appropriate order in the fact situation of the matter for appointment of an Administrator in exercise of its power under Section 27A of the Act in the interest of the Society and its assets.
35. Hence, the following:
ORDER i. These writ petitions are partly allowed.
ii. (a) The impugned order dated 27.11.2020 (signed on 22.12.2020) passed in DRB4/SOR/DR/205 (43/2010/11)/2020-21 by the respondent No.2-
District Registrar, vide Annexure - E in
W.P.No.12499/2021;
(b) The impugned order dated 18.02.2021 passed in JR/SILK/01/2020-21 issued by respondent No.4-
Joint Registrar, vide Annexure-A in
W.P.No.21880/2021;
(c) The impugned order dated are hereby
quashed; the impugned order dated 09.03.2022
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 passed in DRB-4/S.O.R/DOORU/205/2020-21 issued by the respondent No.2-Deputy Registrar, vide Annexure-R in W.P.No.8386/2022; and
(d) The impugned order dated 09.03.2022 passed in DRB-4/S.O.R/DOORU/205/2020-21 by respondent No.4-District Registrar vide Annexure-A in W.P.No.327/2023; are hereby quashed.
iii. It is made clear that this Court has not expressed its opinion in any manner on the merits of the claims made by either of the parties. All contentions are kept open to be urged before the competent Court of Civil jurisdiction in accordance with law. iv. In view of the submission made by the learned Additional Advocate General with regard to safeguarding the property and having regard to the overall facts and circumstances of the case, the respondent-State is directed to pass appropriate orders as provided under Section 27A of the Karnataka Societies Registration Act for appointment of Administrator with regard to the affairs of the
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NC: 2026:KHC:9766 WP No. 327 of 2023 C/W WP No. 12499 of 2021 WP No. 21880 of 2021 HC-KAR WP No. 8386 of 2022 Society and also its movable and immovable properties which belonged and in possession of the Society and manage and protect the same till such time as it deems fit in accordance with law.
Sd/-
(M.G.S. KAMAL) JUDGE BKN List No.: 1 Sl No.: 9