The Karnataka High Court
Credit: DH File Photo
Bengaluru: The Karnataka High Court said that the Registrar of Societies cannot act as a "postman" forwarding enquiry report as received to the society.
Justice Suraj Govindaraj said that in terms of clause (3) in section 25(2)(C)(iii) of the Karnataka Societies Registration (KSR) Act, the registrar of societies has to apply his mind, accept the report and then forward it to the society.
The petitioners, Gouse Mohiddeen (president) and Gouse Mohammad (vice president) of the Al-Meezan Educational and Social Welfare Society, Bagalkot, had approached the court seeking a direction to recognise the committee headed by them in relation to the management of the society. Section 25 of the KSR Act provides for the Registrar, on his own motion, or on an application of the majority of members of the governing board, or of not less than 1/3rd of the members of the society, to enquire or direct some person authorised by him by order in writing to conduct such enquiry.
In the case at hand, an enquiry officer was appointed and upon enquiry being conducted, the report has been submitted to the Registrar. The petitioners contended that the District Registrar blindly accepted the report submitted by the enquiry officer, an FDA, without verification, and favoured the rival claim.
On the other hand, the rival claimants argued that since the enquiry was conducted, the Registrar forwarding of the report implied that there was application of mind and the report was forwarded to the society for comments.
Justice Suraj Govindaraj noted that authorizing any other person in writing to conduct the enquiry does not mean that the enquiry made by such a person is automatically accepted by the Registrar. The person conducting the enquiry is only a delegate of the Registrar and does not substitute the Registrar himself, the court said.
“Once, an enquiry has been made, it would be for the Registrar to apply his independent mind to the enquiry report and either accept or reject the said report, and if the report is rejected, a re-enquiry could also be ordered by the Registrar. In that view of the matter, I answer the above point raised by holding that the Registrar of Societies in pursuance of an enquiry held by his delegate, appointed by him under subsection (1) of Section 25, cannot as a postman forward the enquiry report as received to the society, the registrar has to apply his mind, accept the report and then forward it to the society in terms of clause (3) in Section 25 (2)(C)(iii),” Justice Suraj Govindaraj said, remitting the matter to the District Registrar, Bagalkot, for fresh consideration.