Karnataka High Court
Madalambika vs Deputy Registrar on 30 November, 2016
Author: B.S.Patil
Bench: B.S.Patil
WP.60555/2016
& WPs.61407-414/2016
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF NOVEMBER, 2016
BEFORE
THE HON'BLE MR.JUSTICE B.S.PATIL
W.P.No.60555/2016 &
W.P.Nos.61407-414/2016 (CS-EL/M)
BETWEEN
1. MADALAMBIKA,
W/O MAHADEVAPPA,
AGED ABOIUT 45 YEARS,
R/o HANGALAL VILALGE,
AND HOBLI, GUNDLUPET TALUK,
CHAMARAJA NAGAR DISTRICT-573111.
2. BELLEGOWDA,
S/O BASAVEGOWDA,
AGED ABOUT 64 YEARS,
R/O KALEGOWDANAHALLI VILALGE,
HANGALAL HOBLI,
GUNDLUPET TALUK,
CHAMARAJA NAGAR DISTRICT-573111.
3. SHAMBAPPA
S/O PUTTAVEERAPPA
AGED ABOUT 56 YEARS,
R/A DEVARAHALLI VILLAGE,
HANGALA HOBLI,
GUNDLUPET TLAUK,
CHAMARAJANAGAR DISTRICT-573111.
4. H.B. MAHADEVAPPA
S/O BASAPPA
AGEDL ABOUT 48 YEARS,
5. H.D. DODDANAIKA
S/O KALANAIKA
AGED ABOUT 52 LYEARS
6. H.N. RAJU
S/O LATE NAGAPPA
WP.60555/2016
& WPs.61407-414/2016
2
AGED ABOUT 44 YEARS,
PETITIONER 4 TO 6 ARE R/AT HANGALA VILALGE,
HANGALA HOBLI,
GUNDLUPET TALUK,
CHAMARAJA NAGAR DISTRICT-573111.
7. G. MANJUNATH
S/O GOPAPPA
AGED ABOUT 45 YEARS
R/AT KUNGALLI VILALGE,
HANGALA HOBLI,
GUNDLUPET TALUK,
CHAMARAJA NAGAR DISTRICT-573111.
8. MAHADEVAPPA
S/OMALLAPPA
AGED ABOUT 35 YEARS,
9. NAGAMALLAPPA
S/O BASAPPA
AGED ABOUT 45 YEARS
PETITIONER 8 AND 9 ARE
R/A HANGALAL VILALGE,
AND HOBLI, GUNDLUPET TALUK,
CHAMARAJA NAGAR DIST.-573111. ... PETITIONERS
(By Sri.JAGADEESH C.M., ADV.)
AND
1. DEPUTY REGISTRAR
CO-OPERATIVE SOCIETIES,
NO.330, 3RD FLOOR,
DISTRICT ADMINISTRATIVE BUILDING,
CHAMARAJANAGAWR-57111.
2. JOINT REGISTRAR OF
CO OPERATIVE SOCIETIES,
MYSURU REGION
PUBLIC OFFICE BUILDIGS,
MYSURU-570024.
3. THE ADMINISTRATOR,
PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY
R/AT HANGALA VILALGE,
HANGALA HOBLI,
WP.60555/2016
& WPs.61407-414/2016
3
GUNDLUPET TALUK,
CHAMARAJA NAGAR DISTRICT-573111.
4. THE ASST. REGISTRAR OF
CO-OPERATIVE SOCIETIES,
NO.330, 3RD FLOOR,
DISTRICT ADMINISTARATIVE BUILDING,
CHAMARAJANAGAR-571111. ... RESPONDENTS
(By Smt.SAVITHRAMMA, HCGP)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER PASSED BY THE HON'BLE R-2 JOINT REGISTRAR CO-
OPERATIVE SOCIETIES MYSURU REGION, MYSURU DATED
4.11.2016 AT ANNEX-G AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Learned Government Pleader takes notice for respondents 1 to 4.
2. Though this matter is listed for preliminary hearing, having regard to the short controversy raised, this writ petition is taken up for final disposal.
3. Petitioners are elected Directors of Primary Agricultural Co-operative Society, Hangala, Gundlupet. They have been elected during the year 2015 for a period of five years. A show- cause notice was issued to them on 24.05.2016 alleging certain WP.60555/2016 & WPs.61407-414/2016 4 irregularities against petitioners. Petitioners gave reply to the said notice.
4. The Deputy Registrar of Co-operative Societies, Chamarajanagar District, passed an order dated 08.06.2016 holding that allegations made against petitioners had been proved and therefore, the Managing Committee of the Society had to be superseded of and in its place, an Administrator had to be appointed. Accordingly, exercising powers under Section 30(1) of the Karnataka Co-operative Societies Act, 1959 (for short, 'the Act'), an order was passed. Petitioners were disqualified from contesting any election to the Managing Committee for a period of one year from the date of the order.
5. This order was challenged before the Joint Registrar of Co-operative Societies, Mysuru Region - respondent No.2 herein. Along with the appeal, an application was filed seeking stay of the impugned order. The Joint Registrar has rejected the application for grant of stay and has posted the matter for hearing on 02.12.2016. Aggrieved by the same, present writ petitions have been filed.
WP.60555/2016
& WPs.61407-414/2016 5
6. I have heard the learned counsel for both parties. It is mainly contended by learned counsel for the petitioners that proper procedure as prescribed under Section 30 of the Act has not been followed by the Deputy Registrar before passing the order appointing the Administrator by superseding the Managing Committee of the Society apart from ordering disqualification of the petitioners from contesting the election for a period of one year. He further points out that no fair and reasonable opportunity was given to produce necessary materials in support of the defence of the petitioners and that there was no material produced to show that petitioners had committed any irregularity. Several other grounds are urged on merits assailing the order passed by the Deputy Registrar.
7. It is not necessary, at this stage, for this Court to go into the merits of the contentions urged by the petitioners. But, it is apparent from the order passed by the Deputy Registrar that apart from superseding the Society, petitioners have been visited with disqualification for a period of one year, inasmuch as they are disentitled to contest the election. In addition, a direction has been issued to hold election to constitute new Committee within three months. If the said direction is given WP.60555/2016 & WPs.61407-414/2016 6 effect to, then a new Committee will be constituted within three months and the petitioners would be deprived of their right to agitate their grievance before the Appellate Authority and the appeal may eventually become infructuous. In that view of the matter, the Appellate Authority ought to have stayed the order of the Deputy Registrar insofar as direction regarding holding of election within three months is concerned. As regards other merits of the matter, the Joint Registrar was required to dispose of the case expeditiously by considering the contentions raised on merits.
8. Hence, there shall be an interim order of stay of the direction issued by the Deputy Registrar to hold election to the Managing Committee of Primary Agricultural Co-operative Society, Hangala Village, Gundlupet Taluk. The Joint Registrar of Co-operative Societies - respondent No.2 herein shall dispose of the appeal pending before him within 30 days from the date of receipt of a copy of this order positively. Accordingly, writ petitions are dispose of.
Sd/-
JUDGE PKS