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2025 DAILYLAW 84033 (KAR)

TEJASWI SHIKSHAN SAMITI v. THE DISTRICT REGISTRAR

WP/106755/2025 · 2025-09-15

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:11990 WP No. 106755 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106755 OF 2025 (GM-KSR) BETWEEN: TEJASWI SHIKSHAN SAMITI TEJASWINAGAR, DHARWAD-580 002, BY ITS CHAIRMAN. …PETITIONER (BY SRI. K.L. PATIL, ADVOCATE) AND: 1. THE DISTRICT REGISTRAR OF SOCIETIES THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DHARWAD-580 001. 2. THE BANK OF BARODA SARASWATPUR BRANCH, DHARWAD-580 002, BY ITS BRANCH MANAGER, …RESPONDENTS (BY SRIYUTHS. SHARAD V. MAGADUM, AGA FOR R1; MALLIKARJUN S. HIREMATH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE ORDER OR DIRECTION TO THE RESPONDENT NO.1 TO APPROVE THE LIST OF NEWLY ELECTED MEMBER OF GOVERNING COUNCIL AS PER ANNEXURE ANDB. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE ORDER OR DIRECTION TO THE RESPONDENT NO.2 BANK Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11990 WP No. 106755 of 2025 AUTHORITIES TO PERMIT NEWLY ELECTED MEMBER OF GOVERNING COUNCIL TO OPERATE THE BANK ACCOUNT OF THE SOCIETY AS PER ANNEXURE AND C. ISSUE ANY OTHER WRIT, ORDER OR DIRECTION AS DEEMS FIT IN THE CIRCUMSTANCES. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent No.1. Learned counsel Sri.Mallikarjun S. Hiremath accepts notice for respondent No.2. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of Mandamus or any other appropriate order or direction to the Respondent No.1 to approve the list of newly elected member of governing council as per Annexure and b. Issue a writ in the nature of Mandamus or any other appropriate order or direction to the Respondent No.2 bank authorities to permit newly elected member of Governing Council to operate the bank account of the society as per Annexure and c. Issue any other writ, order or direction as deems fit in the circumstances. - 3 - HC-KAR NC: 2025:KHC-D:11990 WP No. 106755 of 2025 3. The grievance of the petitioner is that, there being elections to be held to the governing body of the petitioner, the petitioner had submitted a representation on 22.02.2025 at Annexure-C, to approve the new governing body having been elected on 29.06.2025. The change in the new committee was submitted to respondent No.1 for approval and for renewal of registration of the society on 01.07.2025 at Annexure-G. An application was also filed on 11.08.2025 enclosing the audit certificate, despite which no action has been taken by respondent No.1, thus disentitling the petitioner from operating the bank account with respondent No.2. 4. The Resolution having been submitted to respondent No.1, it was but required for respondent No.1 to either accept or reject the same. Needless to say, if rejecting the said resolution, respondent No.1 would have had to give valid reasons. Neither of them having done, I pass the following: - 4 - HC-KAR NC: 2025:KHC-D:11990 WP No. 106755 of 2025 ORDER i. Writ petition is allowed. ii. Mandamus is issued, directing respondent No.1 to consider the application/representation submitted by the petitioner at Annexures - G and J, along with the resolution at Annexure-F, within a period of two weeks from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab Ct:pa List No.: 1 Sl No.: 21