Karnataka High Court
S N Krishnamurthy S/O C.Narayanappa vs The Joint Registrar Of Co-Operative ... on 17 March, 2009
Author: D.V.Shylendra Kumar
Bench: D.V.Shylendra Kumar
RE MIROMINES MTINGET WAZURE WIT RAKNAIAKA HIGH COURT OF KARNATAKA HIGH COU!
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 177 DAY OF man 2008 .
BEFORE: ee
THE HON'BLE MR. JUSTICE D.V. Sid YLENDRA KUMAR |
Writ Petition No.45; 2 2a 2007 {C SRES)
BETWEEN:
| SN KRISHNAMURTHY.
S/O C NARAYANAPPA
GED 66 YEARS
R/A NO. 16/2, oTH-CROSS 7 ;
CUBBONPET |
BANGAI LAG RE S60) OG2 _
w
AR BALA KRISH WA ; a
S/O LATE? RANGADASAPPA - on
AGED 52: YEARS :
R/ANO. 16, iF BLOC KO
ESK IIS STAGE, UL PHASE.
* BANGS ALORE-SG0 Oss ves PETITIONERS
[By Sei. G Chandrasekharaiah, Adv.,]
LL: THE . JOINT REGISTRAR OF
-_ TO-GPERATIVE SOCIETIES
"Ey SANGALC IRE REGION
PA MPAMAHAKAVI ROAD
HAMA RAJPET
BANGA LORE-S60 018
Ds THEA DEPUTY REGISTRAR OF
» COMOPERATIVE SOCIETIES
BANGALORE DISTRICT-IE
MALLESWARAM CO-OPERATIVE
SOCIETY BUILDING
MARGOSA ROAD, MALLESWARAM
BANGALORE-560 G03
THE CUBBONPET SILK HANDLOOM
WEAVERS CO-OPERATIVE
SOCIETY LTD,
HAVING ITS REGIST PERED OFFICE
AT NO.SO/1, (NEW NO. 75),
EAA De ee
TT eee see MAES SETI MT WE RARINAIARA HIGH COURT OF KARNATAKA HIGH COUE
WP451 2,07
ho
are
2oTH CRO So, CUBROUNEE :
BANGALORE-360 OG?
REP BY ITS PRESIDENT
SRL CONAGARAG
SVSADANANDA
aATHERS S NAME NOT KNOWN TO-.
THE PETITIONE os
AGED ABOUT 40 TEARS .
WORBKING AS INSPECT. HR | OF
CO-OPERATIVE SOCIETY .
6/0 THE DEPUTY RE GIST RAR OF
CO-OPERATIVE SOCI TIES,
BANGALORE DISTRICT¢H
MARGOSA ROALD, |
MALLESWARAM -- - a
BANGALORE-S60 008 ae RESPONDENTS
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[Bv Sri HK < Rasavaraj, HCGP for R1 & R2;
at t A
RA fe rR a, 7 ay ges : ' Bs .
Wig S. KK Vasa aah Ga Wi Majd Riba, AGV., tO RG) A+
THIS PETITION. 1S. Fil LED. t INDER ARTICLES 226 AND 227 OF
THE CONSTITUTE: DN OF. INT DIA, PRAYING TO QUASH THE ORDER
PASSED BY THE Ri, 'OT 22.12.2006. IN APPEAL NO.JRB {APPEAL
fapec 05-07 ON HIS PILE AT "ANN- HAND ETC,
THIS PETID ION COMING ON POR FINAL HEARING, THIS
DAY, THE COURT MADE THE POLLOWING:-
ORDER
"Writ petition by persons who claim to be members of the third respondent -- society.
2. Petitioners are questioning the legality of the
- appellate order passed by the first respondent ~ Joint Registrar of Co-operative Societies who exercising his f SU ORR EE WE LE AAAS CIO WU fa RAKNALAKA HIGH COUR th lh ae a a ee ay td a ee ee ed WP4512.07 ce i by the second respondent ~ Deputy Registrar of Co- operative Societies who had exercised his powers.cwider section 30[1] of the Karnataka Co-operative Societies Act, 1959 [for short 'the Act] to supercede thie elected, management of the © saciete. and to) appoint an administrator in its place. _ °
3. hat orcer having been questioned in an appeal by the society itself and "having been set aside and the erstwhile management having been restored and aggrieved by this onder "at Annexure-J 'to the writ petition, the present writ petition. ~~ Ae Appearing. .on behalf of the petitioners, Sri. » Chandrasekharaiah, learned counsel would urge that the _Joint Registrar of Co-operative societies could not have entertained an appeal, particularly, as the appeal was not . by the erstwhile management which had been superceded uainder the impugned order passed by the Deputy Registrar but bv the society; that the society cannot be said to be agerieved person to question the legality of the order and "TE NTE STE EE eA WE RAUL CU WUE OF KARNATAKA HIGH COUR ee ee eee ee oh WP45 12.07 therefore the appeal itself should not nave been entertained but allowing such an appeal is compozriding even in writ jurisdiction.
5S. Tt is submitted that the petitioners have 'sufficien t locus to maintain the' 'present writ petition as the petitioners were parties io. the cartier proceedings 3B she petitioners hae consented 'for proposition issued to them to superceile: the mariagenient 'of the society which had been issued 10 the petitioners by the second respondent -- Deputy Registrar of Co-operative Societies as the petitioners were also part of the management at that time. ~ 6. Ttis also submitted that though the petitioners made "an atfemopt to join the appeal proceedings before the Joint Registrar, their application for impleadment having come . fo be rejected and even before the petitioners could take action the appeal itself having been disposed of the petitioners are left with no other remedy but to question the legalitv of the appellate order in this writ petition. A -
a a ee Oe ee he ee =e PMOL re er OW A WR OY RARIVALIAA Filo CUE I Ur KARNATAKA HIGH COUR WP43 12.07 tt i. Notices had been issued to the "respondents. Statutory authorities are represented by Sri. Basavaraj, learned Government Pleader, (Third-respondent -- society is © represented by Sri. Vasanth, learned COLHISEL | &, Submission of Sri. Vasamth, learned counsel for the third respondent is that the Joint Registrar of Co-operative Societies has. vightiv passed. the order; that there were no justifiable grounds to | supercede an elected represeritative body ef the mem bers; that oni flamsv grounds the Deputy Registrar of "Co-operative 'Societies had superceded the management of the society and therefore there is no need for interference with the order etc...
"G.. Learned counsel for the parties would also submit that. the period for which the earlier committee of management had been elected had beer superceded and had been restored and since expired and election has taken place subsequentlv during March 2007 and a new set of members are in the management of the society. fi Ea RG REET ARNE STEGER HIGH COUR ooo Te sy we nenewmunne FUE CUUKL OF KARNATAKA HIGH COURT OF KARNAT AKA 6 WP4S 12.07 10, White the question as to whether the wrir- petition should be entertained at the instance of the petitioners who claim to be mere members as of now and who are. ii, fact not actually parties to the proceedings "before the Deputy Registrar or the Joint Registrar is debatable, inere corsent on the part of the petitioners..to agree to the proposition issued by { he De bury Registrar of Co-operative Societies -- by - superceding the: committee of the Management 'eamiot give any, right or confer anv right on the petitioners for claiming a vested nelit under the order passed bv the Deputy Registrar of Co-operative Societies vis-a-vis other members of the committee of management. aa, Thoiieh Sri Chancdrasekharaiah, learned counsel for the petitioners would submit that certain reports of the induiring officer forming part of the order culminating in ine supercession order of the De puty Registrar would teveal mary acts of irregularities and improprieties on the part of fhe members of the erstwhile Hianagement, it is not necessary to go mito all such questions in this writ petition, particularly, when the period of the conimittee ESSER APR a pon ca ee Tones ee meens See NINETIES FHNOTT WAU WP RARNAIAKA HIGH COURT OF KARNATAKA HIGH COUR 7 WP4512.07 itself lias expired and if at all even if the it puighed order of the Joint Registrar of Co-operative Socicties is sei aside, and other members of the society who were at the elm of affairs ti the society at that tine fou disqualification in terms of the proviso io sub-section 2h of section 30 of the Act and when such other ie mbers also not being parties to the petition, it is aot very proper to examine such questions in "this vicit petition, ander Article 227 of the Constitution SE India arid therefore this writ petition is dism issed without going into further merits of the orders passed by the Joint Registrar and the Deputy Registrar of ilte Co-operative Societies.
Sd/-
Judge * 'An/-