Karnataka Societies Registration Act Does Not Permit Two Societies With Same Name: High Court

A single judge bench of Justice M Nagaprasanna thus declared the registration of Bengaluru Urban District Amateur Kabbadi Association as illegal and quashed it.

The bench held, "Registration of the 3rd respondent/ Association runs foul of the mandate of Section 7 of the Act, as both the Associations are not too nearly similar but are virtually same. Once a Society is registered with a particular name, registration of a second Society with the same name is impermissible."

The petitioner Bengaluru Urban Zilla Amateur Kabbadi Association had approached the court questioning the order of District Registrar of Societies, cancelling the registration of the petitioner/Association for violation of Section 27(2) of the Act.

Findings:

The bench on going through the records noted that the petitioner/Association was registered about four months prior to the respondent/Association and that the difference between the names of two associations is the word "Zilla" and "District", both of which mean one and the same in Kannada and English versions. Except for this change, there was no other change in the names of the Associations.

Thus referring to section 7 of the Act, which pertains to societies not to be registered with undesirable names, the bench said,

"The mandate of the provision is that Society shall not be registered by name which in the opinion of the Registrar is undesirable for the reason that a name which is identical with or too nearly reassembles the name by which the Society first in existence has been previously registered would be deemed to be undesirable."

It observed that if the names of the petitioner/Association and the 3rd respondent/Association are juxtaposed, what would unmistakably emerge is that the names are identical, they are not too nearly resembling each other but they are the same except usage of version of the language in Kannada and English. Thus, the District Registrar erred in registering the Respondent society after registration of the petitioner/Association.

Then the bench referred to section 27 of the Act which directs that any society carrying on any unlawful activity within its premises would become open for an inquiry and its registration may be cancelled, if the Registrar is so satisfied. However, the provision nowhere mandates that a pre-registration act of registration of a Society could also become an offence.

In the instant case, the bench noted that all the allegations against the petitioner/Association were of pre-registration stage. Thus it held,

"The Legislature in its wisdom has not made pre-registration acts an offence.Therefore, the very complaint registered, inquiry held and the order of cancellation of registration of the petitioner/Association would all thus be rendered illegal and unsustainable."

Accordingly, it allowed the petition.

Case Title: BENGALURU URBAN ZILLA AMATEUR KABBADI ASSOCIATION ® v. STATE OF KARNATAKA

Case No: WRIT PETITION No.17533 OF 2021 (GM-KSR) C/W WRIT PETITION No.22023 OF 2021 (GM-KSR)

Citation: 2022 LiveLaw (Kar) 412

Date of Order: 17TH DAY OF OCTOBER, 2022

Appearance: JAYAKUMAR S.PATIL, SR.ADVOCATE A/W DEVI PRASAD SHETTY, ADVOCATE for petitioners

RASHMI PATEL, HCGP FOR R1, R2, R4 AND R7. N.DINESH RAO, ADVOCATE FOR R3.

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