Synopsis

A dispute arose within a registered society regarding the validity of a no‑confidence motion against the Chairman, Secretary and Treasurer. The plaintiffs (supporters of the existing office bearers) filed a suit and obtained a temporary injunction restraining the defendants (the other members) from interfering with the management. The defendants also sought injunction but were refused. The trial court and appellate court granted injunction to the plaintiffs. The High Court, exercising supervisory jurisdiction under Article 227, set aside both orders. It held that (i) the suit itself was not maintainable because the plaintiffs (society represented by Chairman, Secretary and Treasurer) had no authority under Section 15 of the Karnataka Societies Registration Act, 1960 to institute the suit without a specific resolution of the Executive Committee; (ii) the suspension of three defendant‑members was illegal and void; and (iii) the no‑confidence motion was validly passed by simple majority, following the principle that in the absence of a specific provision, the procedure for removal is the same as for election (simple majority). Consequently, the Court dismissed the plaintiffs’ interim application and allowed the defendants’ application.

Court: High Court of Karnataka at Bengaluru

Coram: Hon’ble Mr. Justice S.R. Krishna Kumar (Single Judge)

Date of Judgment: Not specifically mentioned but reserved on 21.02.2026, pronounced later (available as CAV order, uploaded as 2026:KHC:24297)

Citation: W.P. No. 1426/2026 & W.P. No. 1446/2026

Core Law: Karnataka Societies Registration Act, 1960 – Section 15 (authorisation to sue); Principles of natural justice; Motion of no confidence in registered societies.

1. Heading of the judgment

High court of karnataka at bengaluru

Writ petition no. 1426/2026 c/w writ petition no. 1446/2026

Sri g t kumar and others (petitioners) vs. Malnad technical education society and others (respondents)

Coram: hon’ble mr. justice s.r. krishna kumar

Date: cav order uploaded with neutral citation 2026:k hc:24297

2. Legal framework

Major laws and provisions involved:

• Karnataka societies registration act, 1960 – section 15 (suits by and against society: must be in name of president, chairman, principal secret

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