- 1 - HC-KAR NC: 2026:KHC-D:2571 WP No. 101270 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.101270 OF 2026 (GM-KSR) BETWEEN: 1. SRI. DIVAKAR S/O. GURUPAD SUTAR, AGE. 60 YEARS, OCC. CARPENTER, R/O. ASTE VILLAGE, TQ. BELAGAVI, DISTRICT. BELAGAVI. 2. SRI. SURESH S/O. BASAWNI KITTUR, AGE. 52 YEARS, OCC. TILES FITTER, R/O. ASTE VILLAGE, TQ. BELAGAVI, DIST. BELAGAVI. 3. SRI. BHARMA GOUDU PATIL, AGE. 78 YEARS, OCC. EX-SERVICEMEN, R/O. 4TH CROSS, 1ST MAIN, SHIVAJI NAGAR, BELAGAVI, DIST. BELAGAVI. 4. SMT. VANDANA W/O. JYOTIBA BELAGUNDKAR, AGE. 44 YEARS, OCC. BUSINESS, R/O. SHIVAJI GALLI, KANABARAGI, TQ. BELAGAVI, DIST. BELAGAVI. …PETITIONERS (BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M.S. BUILDING, BENGALURU-560001. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:2571 WP No. 101270 of 2026 2. THE REGISTRAR OF SOCIETIES AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY BELAGAVI, AT. BELAGAVI, TALUK. BELAGAVI, DIST. BELAGAVI-590001. 3. ENQUIRY OFFICER SWAMY VIVEKANAND EDUCATION AND WELFARE SOCIETY, ASTE AND RETIRED ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SHAHAPUR, BELAGAVI-590001. 4. SWAMY VIVEKANAND EDUCATION AND WELFARE SOCIETY, ASTE, AT. ASTE, TQ. BELAGAVI DIST. BELAGAVI, REPRESENTED BY ITS PRESIDENT RAJARAM S/O. BHARMA PATIL, PIN-590016. 5. RAJARAM S/O. BHARMA PATIL, AGE. 55 YEARS OCC. PRIVATE SERVICE, R/O. ASTE VILLAGE, TQ. BELAGAVI, DIST. BELAGAVI, PIN-590016. 6. SMT. SARASWATI W/O. RAJARAM PATIL, AGE. 45 YEARS, OCC. HOUSE HOLD WORK, R/O. ASTE VILLAGE, TQ. BELAGAVI, DIST. BELAGAVI, PIN. 590016. …RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ENQUIRY REPORT DATED 18/09/2025 IN NO.VICHARANE/ASTE/2025 PASSED BY THE 3RD RESPONDENT VIDE ANNEXURE-M. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO REJECT THE ENQUIRY REPORT SUBMITTED BY THE 3RD RESPONDENT BY CONSIDERING THE OBJECTIONS DATED 7/11/2025 AND 19/11/2025 ARE MARKED AT ANNEXURE-N AND P. BY ALLOWING THIS WRIT PETITION. - 3 - HC-KAR NC: 2026:KHC-D:2571 WP No. 101270 of 2026 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following reliefs. “1. To issue writ in the nature of certiorari to quash the impugned enquiry report dated 18/09/2025 in No.VICHARANE/Aste/2025 passed by the 3rd respondent vide ANNEXURE-M. 2. To issue writ in the nature of Mandamus directing the respondents to reject the enquiry report submitted by the 3rd respondent by considering the objections dated 7/11/2025 and 19/11/2025 are marked at ANNEXURE-N and P. by allowing this writ petition.” 2. It is a case of the petition that the fourth respondent is a Society registered under the provisions of the Karnataka Society Registration Act. The main object of the Society is to provide better quality of education to the children. It is stated that after coming to know about the illegal acts of the respondent no. 5, claiming to be the Chairman of the Society and illegal acts of the respondent no. 6, claiming to be the Secretary of the Society, by illegally deleting the names of the petitioner from the membership and illegally got and enrolled - 4 - HC-KAR NC: 2026:KHC-D:2571 WP No. 101270 of 2026 the persons as members including the respondent no. 6 even though she is not even a member of the Society and no documents regarding membership and enrolment of the new members, the petitioners have made a representation to the second respondent for holding an inquiry under Section 25 of the Act. 3. Based on the representation, the second respondent had taken cognizance and appointed a Retired Officer of Department of Cooperation as Enquiry Officer and the Enquiry Officer, after following the due procedure, conducted the enquiry and submitted his report on 10.06.2025 by assigning cogent and valid reasons. It is submitted that earlier this Court had set aside the enquiry report and matter was remanded. Thereafter after conducting an enquiry, he has submitted the enquiry report on 8.09.2025. 4. The present writ petition is filed seeking to quash the impugned enquiry report and also a direction to reject the enquiry report. This Court is not able to understand and grant the reliefs that are sought before this Court. If an Enquiry Officer has submitted a report on 18.09.2025, the Registrar will - 5 - HC-KAR NC: 2026:KHC-D:2571 WP No. 101270 of 2026 consider the same in accordance with the rules and the provisions of the Societies Registration Act. Petitioner has come before this court seeking this prayer which is not permissible. In fact, this writ petition is premature. However, considering the fact that the same is pending before the Registrar this Court deems it appropriate to pass the following: ORDER i. Accordingly, the writ petition is disposed of directing the respondent No.2 to consider the Enquiry Report dated 18.09.2025 and take appropriate action in accordance with law. ii. All I.As in this petition shall stand closed Sd/- JUSTICE LALITHA KANNEGANTI BVV CT: UMD List No.: 1 Sl No.: 20