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2026 DAILYLAW 51811 (KAR)

NANDINI LAYOUT CLUB v. SRI GURUCHARAN R HARITE

WA/2025/2025 · 2026-01-09

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1322-DB WA No. 2025 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 2025 OF 2025 (GM-KSR) BETWEEN: 1. NANDINI LAYOUT CLUB MAITRI SOUDHA, CIRCULAR ROAD NANDINI LAYOUT, BENGALURU-560 096. REPRESENTED BY ITS JOINT SECRETARY SANJAY JEGARKAL 2. SRI. DINESH KUMAR K.S MEMBER, NANDINI LAYOUT CLUB MAITRI SOUDHA, CIRCULAR ROAD NANDINI LAYOUT, BENGALURU-560 096. 3. SRI. BABU MOILI M.C VICE PRESIDENT, NANDINI LAYOUT CLUB MAITRI SOUDHA, CIRCULAR ROAD NANDINI LAYOUT, BENGALURU-560 096. …APPELLANTS (BY SRI. A GUNASEKARAN, ADVOCATE) Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1322-DB WA No. 2025 of 2025 AND: 1. SRI GURUCHARAN R HARITE SECRETARY, NANDINI LAYOUT CLUB MAITRI SOUDHA, CIRCULAR ROAD NANDINI LAYOUT, BENGALURU-560 096 2. REGISTRAR OF SOCIETIES BENGALURU URBAN DISTRICT, ZONE-1 OFFICE AT NO.146, 1ST FLOOR, 3RD MAIN 8TH CROSS ROAD, MARGOSA ROAD MALLESHWARAM, BENGALURU-560-003 …RESPONDENTS (BY SMT. NAYANA TARA B G, ADVOCATE ALONG WITH MS. VIDYA PAI, ADVOCATE FOR C/R1; SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-2) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO CALL FOR RECORDS IN WP NO.25051/2025 ON THE FILE OF THE SINGLE JUDGE AND ALLOW THIS WRIT APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 03/09/2025 PASSED BY THE SINGLE JUDGE IN WP NO.25051/2025 & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:1322-DB WA No. 2025 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the affidavit accompanying the application―I.A.No.2/2025, the same is allowed. The delay of 47 days in filing the appeal is condoned. 2. The appellants have filed the present appeal impugning an order dated 03.09.2025 passed by the learned Single Judge of this Court in W.P.No.25051/2025 (GM-KSR). 3. The appellants had filed the said petition impugning an order dated 10.07.2025 passed by respondent No.2 (the Registrar of Societies) staying the order dated 29.05.2025 suspending respondent No.1. 4. The appellants' challenge was on two grounds, first that the Registrar of Societies had not issued proper notice for conducting enquiry under Section 25 of the Karnataka Societies Registration - 4 - HC-KAR NC: 2026:KHC:1322-DB WA No. 2025 of 2025 Act, 1960 and second that the Registrar of Societies did not have the power to issue any interim order. 5. The principal controversy is whether respondent No.1 was appointed as a treasurer of appellant No.1 which is a Society registered under the said Act. The appellants had alleged that respondent No.1 was not properly discharging his functions as a treasurer and there was gross dereliction of duty on part of respondent No.1. 6. The learned Single Judge had noted that it was not clear whether in terms of the suspension notice, respondent No.1 was suspended from membership of the Society or only as the treasurer of the Society. However, plain reading of the said notice indicates that it is premised on an allegation that action of respondent No.1 constituted dereliction of duty of the Society under Rule 15.16 of the applicable Rules. It was alleged that respondent No.1 had not disbursed funds for certain works. It would follow from the nature of the allegations that the notice of suspension could not be construed as a notice in suspending respondent No.1 from the membership of the Society, but only as an office bearer (the treasurer). This Court - 5 - HC-KAR NC: 2026:KHC:1322-DB WA No. 2025 of 2025 is informed that respondent No.1 has since stood for elections to the post of Secretary of the Society and has succeeded in the said elections. He is no longer discharging the functions as a treasurer of the Society. Therefore, the dispute regarding suspension of respondent No.1 as a treasurer does not survive. 7. In view of the above, we do not consider it apposite to entertain the present appeal. The same is accordingly dismissed. 8. Pending applications stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 2 Sl No.: 25