- 1 - NC: 2025:KHC:8509 WP No. 3886 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 3886 OF 2025 (GM-KSR) BETWEEN: SRI VINAYAKA EDUCATION SOCIETY (REGD) SIDDARAMANAGARA HOSADURGA TOWN, CHITRADURGA DISTRICT -577527 REPRESETENTED BY ITS SECRETARY M SHIVALINGAPPA S/O LATE MALIYAPPA AGED ABOUT 66 YEARS UNDER KSR ACT 1960 …PETITIONER (BY SRI. GANGADHARAPPA A V., ADVOCATE) AND: DISTRICT REGISTRAR OF SOCIETIES & DEPUTY REGISTRAR OF CO-PERATIVE SOCITIES CHITRADURGA DISTRICT CHITRADURGA-577602 …RESPONDENT (BY SRI.H.K.KENCHEGOWDA., AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO FURNISH THE DOCUMENTS AS SOUGHT IN THE APPLICATION GIVEN BY THE PETITIONER DATED 9.11.2024 TRUE COPY OF WHICH IS PRODUCED AS Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8509 WP No. 3886 of 2025 ANNEXURE-D AND THE REMINDER DATED 6.1.2025 TRUE COPY OF WHICH IS PRODUCED AS ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER On the previous occasion, the following order was passed; “Learned Additional Government Advocate is directed to take notice for the respondent. Learned counsel for the petitioner is directed to serve copies of the writ petition along with annexures on the learned Additional Government Advocate. Learned counsel for the petitioner submits that the Annual General Body meeting of the petitioner-Society was held on 02.06.2024, and a new set of members elected as office bearers took charge of the management of the Society. On 03.06.2024, the petitioner filed a copy of the proceedings of the Annual General Meeting along with list of office bearers and an audited statement of accounts of the Society in terms of Section 13 of - 3 - NC: 2025:KHC:8509 WP No. 3886 of 2025 the Karnataka Societies Registration Act, 1960. However, till date, no acknowledgement or certificate has been issued by the respondent. In the meanwhile, Annexure-C dated 17.08.2024 is also issued by the Block Education Officer, calling upon the petitioner to furnish information regarding the members of the Managing Committee and the certificate issued by the Competent Authority. The prayer, therefore is to direct the respondent to issue such acknowledgment or certificate in accordance with law to enable the petitioner to furnish the same to the Block Education Officer in terms of Annexure-C. Learned Additional Government Advocate is directed to secure instructions as to why the acknowledgement/certificate is not issued although the report was filed on 03.06.2024. Re-list this matter on 19.02.2025 for preliminary hearing.” 2. Learned Additional Government Advocate on instructions submits that since an enquiry has been initiated against the petitioner society and same is pending consideration, the authority has not acted upon the - 4 - NC: 2025:KHC:8509 WP No. 3886 of 2025 information submitted by the petitioner in terms of Section 13 of the Karnataka Societies Registration Act. 3. As rightly pointed out by the learned counsel for the petitioner, Section 13 of the Act mandates that on or before the 14th day succeeding the day on which the Annual General Meeting is held, the society is required to file with Registrar a list of the names, addresses and occupations of the members of the Governing body then entrusted with the management of the affairs of the society and a copy of the balance sheet and income and expenditure account audited by a person, who under Section 226 of the Companies Act, 1956 can act as an Auditor in the companies registered in the State of Karnataka. The proviso deals with delay in making such a communication along with the requisite information and nothing else. The learned counsel is therefore right in his submission that even if an enquiry is pending consideration under Section 25 of the Act, that does not preclude the society from going ahead with the Annual - 5 - NC: 2025:KHC:8509 WP No. 3886 of 2025 General Meeting and file the requisite information in terms of Section 13 of the Act. Moreover, the petitioner society is running an Educational institution and the society is required to take care of the day to day affairs of the institution, pay salaries to the teachers and staff and ensure that the classes are conducted by the society in accordance with law. That being the position, the responded is required to consider the information tendered by the petitioner society and proceed to issue a communication or certificate in terms of Section 13 of the Act. 4. The writ petition is accordingly disposed of with a specific direction to the respondent to consider the information given by the petitioners, in terms of Section 13 of the Act and pass necessary orders and issue a certificate in terms of Section 13, even if the respondents may say that the certificate has been issued subject to the final outcome of the enquiry against the society. The entire exercise shall be completed as expeditiously as - 6 - NC: 2025:KHC:8509 WP No. 3886 of 2025 possible and at any rate, within a period of two weeks from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE KLY CT: JL