Bengaluru: The Karnataka High Court has said that Registrars, acting under the Karnataka Societies Registration Act, should not adjudicate private disputes between members or rival groups where determination of the dispute requires adjudication of civil rights.
In particular, the Respondent shall not, in the fresh enquiry, adjudicate upon the validity of the appointment/co-option of, or continuance in office of, any member in office, the validity of the Special General Body Meeting dated Sept 22, 2024, the amendments to the Bye-laws, or any other issue which is directly pending adjudication before the Civil Court and/or matters which do not fall within the purview of constitution, working and financial condition of the Society, Justice Govindaraj has further observed in his order.
As regards the case on hand, the judge allowed the petition filed by Cosmopolitan Club, Bengaluru and quashed the notice issued by the Enquiry Officer and directed the said official to issue a fresh notice specifying the charges/matters proposed to be enquired into, after excluding matters which require adjudication of the private civil rights of the members and which are pending before the competent Civil Court.
Where an election or management dispute is already pending before a competent civil court, the Registrar shall not undertake a parallel adjudication of the same issue under Section 25. The pendency of a civil suit shall not, by itself, prevent a genuine enquiry into the financial condition or statutory working of the society.
The Registrar may continue such enquiry so long as he does not enter upon the adjudication of the civil rights which are pending before the court, the judge further added.