Karnataka High Court
H.M. Manjunathappa vs The State Of Karantaka on 10 June, 2022
Author: B. M. Shyam Prasad
Bench: B. M. Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE 2022
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.47544/2014
C/W
WRIT PETITION NOS.9220/2015,
19223/2015 & 47543/2014 (CS-RES)
IN MFA NO. 47544/2014
Between :
H.M. MANJUNATHAPPA
S/O H MAHESHWARAPPA,
AGED ABOUT 50 YEARS,
PRESIDENT,
BAHADDURGHATTA PRIMARY
AGRICULTURE CO-OPERATIVE SOCIETY,
R/O KOGUNDE VILLAGE,
CHITRADURGA TALUK - 577 501.
... PETITIONER
(BY SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE A/W
SRI. K.S. KALLESHAPPA., ADVOCATE)
And :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2
2. DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
CHITRADURGA DISTRICT,
CHITRADURGA - 577 501.
3. ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES,
CHITRADURGA SUB DIVISION,
CHITRADURGA - 577 501.
4. BAHADDURGHAATTA PRIMARY
AGRICULTURE CO-OPERATIVE SOCIETY,
BAHADDURGHATTA,
CHITRADURGA TALUK AND DISTRICT-577501,
REP. BY ITS CHIEF EXECUTIVE OFFICER.
... RESPONDENTS
(BY SRI.D.C. PARAMESWARAIAH, HCGP FOR R1-R3;
SRI K.P. THRIMURTHY, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 5.11.2013 MARKED AS
ANNEXURE-H PASSED BY THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES CHITRADURGA AND THE
ORDER DATED 19.9.2014 MARKED AS ANNEXURE-J
PASSED BY THE DEPUTY REGISTRAR OF CO-OPERATIVE
SOCIETIES CHITRADURGA.
IN WP NO. 9220/2015
Between :
1. H M MANJUNATHAPPA
S/O H MAHESHWARAPPA,
AGED ABOUT 49 YEARS,
2. A S SHAMBULINGAPPA,
S/O H MAHESHWARAPPA,
AGE: 55 YEARS,
3
3. BASAVARAJAPPA M B
S/O BASAPPA KOGUNDE,
AGE: 48 YEARS,
4. SMT.NARAMMA,
W/O H C BASAVANAGOWDA KOGUNDE,
AGE: 40 YEARS,
5. SHANTHAPPA,
S/O BASAPPA BAHADDURGHATTA,
AGE: 50 YEARS,
6. P T THIPPESWAMY,
S/O THIPPANNA BAHADDURGHATTA,
AGE: 43 YEARS,
PETITIONER NO. 1 IS THE PRESIDENT
PETITIONERS 2 TO 6 ARE THE
DIRECTORS OF BAHADDURGHATTA PRIMARY
AGRICULTURE CO-OPERATIVE SOCIETY LTD,
BAHADDURGHATTA,
CHITRADURGA TALUK AND DISTRICT-577 501.
... PETITIONERS
(BY SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE A/W
SRI. K.S. KALLESHAPPA., ADVOCATE)
And :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
SECRETARY BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
OFFICE OF THE DEPUTY REGISTRAR OF
4
CO-OPERATIVE SOCIETITES,
B L GOWDA LAYOUT,
CHITRADURGA - 577 501.
3. ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES,
CHITRADURGA SUB DIVISION,
CHITRADURGA - 577 501.
4. BAHADDURGHATTA PRIMARY
AGRICULTURE CO-OPERATIVE SOCIETY,
BAHADDURGHATTA,
CHITRADURGA TALU AND DISTRICT-577501,
REPRESENTED BY ITS
CHIEF EECUTIVE OFFICER.
5. INSPECTOR OF CO-OPERATIVE
SOCIETIES, CHITRADURGA TALUK,
OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES,
CHITRADURGA SUB DIVISION,
CHITRADURGA - 577 501.
... RESPONDENTS
(BY SRI.D.C. PARAMESWARAIAH, HCGP FOR R1 TO R3;
AND R5; R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 28.2.2015 BEARING NO.
rDgïr: CªÀÄAgÀ: ¹Dgï-/2014-15 PASSED BY THE DEPUTY
REGISTRAR OF CO-OPERATIVE SOCIETIES CHITRADURGA
DISTRICT, CHITRADURGA VIDE ANNEXURE-K.
IN WP NO. 19223/2015
Between :
1. J. C. SHANTHAVEERAPPA
S/O G B CHANNABASAPPA
5
AGE MAJOR,
CHIEF EXECUTIVE OFFICER,
BAHADDURGHATTA PRIMARY
AGRICULTURAL CREDIT
CO OPERTIVE SOCIETY LTD.,
BAHADDURGHATTA - 577 501
CHITRADURGA TALUK & DIST.
2. H SHIVAKUMAR
S/O SIDDAPPA,
AGE MAJOR,
SALES OFFICER,
BAHADDURGHATTA PRIMARY
AGRICULTURAL CREDIT
CO- OPERTIVE SOCIETY LTD.,
BAHADDURGHATTA -577501
CHITRADURGA TALUK & DIST.
... PETITIONERS
(BY SRI.M.R. RAJAGOPAL, SENIOR ADVOCATE A/W
SRI. K.S. KALLESHAPPA, ADVOCATE)
And :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
SECRETARY TO GOVERNMENT
DEPARTMENT OF CO OPERATION,
VIDHANA SOUDHA,
DR AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. THE DEPUTY REGISTRAR
OF CO OPERATIVE SOCIETIES,
OFFICE OF THE DEPUTY REGISTRAR
OF CO OPERATIVE SOCIETIES,
B L GOWDA LAYOUT,
CHITRADURGA -577 501.
6
3. ASSISTANT REGISTRAR OF
CO OPERATIVE SOCIETIES,
CHITRADURGA SUB DIVISION,
CHITRADURGA - 577 501.
4. CO-OPERATIVE INSPECTOR
CHITRADURGA TALUK,
CHITRADURGA AND ENQUIRY OFFICER,
CHITRADURGA -577 501.
... RESPONDENTS
(BY SRI.D.C. PARAMESWARAIAH, HCGP FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 25.6.2013 BEARING NO. CS
30/SECTION 64/SECTION 68/C R-14/2013-14 PASSED BY
THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES CHITRADURGA SUB-DIVISION, CHITRADURGA
VIDE ANNEXURE-C AND THE ORDER DATED 27.2.2015
PASSED IN APPEAL NO.1/2014-15 BY THE DEPUTY
REGISTRAR OF CO-OPERATIVE SOCIETIES CHITRADURGA
VIDE ANNEXURE-D.
IN WP NO. 47543/2014
Between :
H.M. MANJUNATHAPPA
S/O H. MAHESHWARAPPA,
AGED ABOUT 50 YEARS,
PRESIDENT,
BAHADDURGHATTA PRIMARY
AGRICULTURE CO-OPERATIVE SOCIETY,
R/O KOGUNDE VILLGAE,
CHITRADURGA TALUK.
... PETITIONER
(BY SRI.M.R. RAJAGOPAL, SENIOR ADVOCATE A/W
SRI. K.S. KALLESHAPPA, ADVOCATE)
7
And :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
TO GOVERNMENT, DEPARTMENT OF
CO-OPERATION, VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. THE DEPUTY REGISTRAR
OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
B.L GOWDA LAYOUT,
CHITRADURGA - 577 501.
3. CO-OPERATIVE INSPECTOR
CHITRADURGA TALUK,
CHITRADURGA AND ENQUIRY OFFICER,
CHITRADURGA - 577 501.
4. ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES
CHITRADURGA SUB DIVISION,
CHITRADURGA - 577 501.
5. BAHADDURGHATTA PRIMARY
AGRICULTURE CO-OPERATIVE SOCIETY,
BAHADDURGHATTA,
CHITRADURGA TALUK & DISTRICT 577501
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER.
... RESPONDENTS
(BY SRI.D.C. PARAMESWARAIAH, HCGP FOR R1 TO R4;
SRI. K.P. THRIMURTHY, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 25.6.2013 PASSED BY THE
8
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
CHITRADURGA SUB-DIVISION, CHITRADURGA MARKED
AS ANNEXURE-D AND THE ORDER DATED 19.9.2014
PASSED IN APPEAL NO.1/2013-14 BY THE DEPUTY
REGISTAR OF CO-OPERATIVE SOCIETIES CHITRADURGA
MARKED AS ANNEXURE-E.
THESE WRIT PETITIONS COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
These petitions are by the President and Directors of the erstwhile Board of the fifth respondent, M/s Bahaddurghatta Primary Agricultural Co-operative Society (for short 'the Co-operative Society'), its Chief Executive Officer and the Sales Officer as of the relevant date. These writ petitions are filed calling in question the following orders:
IN W.P. NO. 47544/2014
The order dated 05.11.2013 bearing No. CS30/29C/01/2013-14 passed by the Assistant Registrar of Co-Operative Societies Chitradurga and the Order dated 19.09.2014 bearing No. 02/2014-15 by the Deputy 9 Registrar of Co-operative Societies Chitradurga.IN W.P. No. 9220/2015
The order dated 28.2.2015 bearing no. rDgïr: CªÀÄAgÀ: ¹Dgï-/2014-15 passed by the Deputy Registrar of Co-operative Societies, Chitradurga district, Chitradurga.IN W.P. No. 19223/2015
The order dated 25.6.2013 bearing No. CS 30/section 64/section 68/C R-14/2013-14 passed by the Assistant Registrar of Co- Operative Societies Chitradurga Sub-division, Chitradurga and the order dated 27.2.2015 passed in appeal No.1/2014-15 by the Deputy Registrar of Co-Operative Societies Chitradurga.IN W.P. No. 47543/2014
The order dated 25.6.2013 bearing No. CS. 30/Section 64/Section 68/C R-14/2013-14 passed by the Assistant Registrar of Co-10
Operative Societies Chitradurga Sub-Division, Chitradurga and the order dated 19.9.2014 passed in appeal No.1/2013-14 by the Deputy Registar of Co-operative societies Chitradurga.
2. Sri M.R. Rajagopal, the learned Senior Counsel for the petitioners, submits that after an enquiry under Section 64 of the Karnataka Co-operative Societies Act, 1959 (for short 'the Co-operative Societies Act') and in terms of the order dated 20.10.2012, the Enquiry Officer has filed his report pointing out certain failures in accounting for the sale/supply of fertilizers. After this report, directions are issued by the order dated 25.06.2013 under Section 68 of the Co-operative Societies Act for compliance and report. The petitioners have called this order dated 25.06.2013 in appeal before the Deputy Registrar of Co-operative Societies in Appeal No.DRD/APPEAL No.01/2014-15 and the appeal is dismissed by order dated 27.02.2015.
11
3. Sri M.R. Rajagopal further submits that, in the meanwhile because the petitioners did not comply with the report, the concerned petitioners viz., the petitioners in W.P. No. 47544/2014, W.P.No.47543/2014 and W.P.No.9220/2015 are disqualified for a period of two years under Section 29(c) of the Co-operative Societies Act by order dated 05.11.2013. This order is called in question before the Deputy Registrar of Co-operative Societies in Appeal No.2/2014-15. This appeal is also dismissed on 19.09.2014. The concerned Chief Executive Officer and the Sales Officer have also impugned the aforesaid orders.
4. Sri M.R. Rajagopal furthermore submits that during the pendency of these proceedings, the aforesaid officers have deposited the amount of Rs.1,45,506/-, the amount indicated in the Report as deficient. The petitioners shall ensure that copies of the receipts and 12 affidavit in this regard are filed with the Registry on or before 14.06.2022. Sri M.R. Rajagopal argues that with the deficiency being made good, the action of disqualifying the elected members would be harsh. The disqualification was for a period of two years and this period has also expired. The elections have been held and new Board is inducted. This Court may therefore dispose of the petitions in the light of the afore, so that the concerned petitioners do not suffer the apprehension of disqualification in future.
5. Insofar as the deficiency not reflecting the aforesaid amount of Rs.1,45,506/- in the audit report, Sri M.R. Rajagopal submits that it is borne out by the record that even the auditor did not raise objections in this regard and it is only in the enquiry it is held that this amount was not reflected in the books. The error, if any, is only a bona fide error.
13
6. The circumstances narrated are considered in the light of such subsequent events, the bona fides pleaded and the willingness of the petitioners to place on record the copies of receipt supported by the affidavit as regards the payment of the amount of Rs.1,45,506/- towards removal of deficiencies as pointed out in the enquiry. This Court is of the considered view that the petitions must be disposed of with the observation that the impugned orders cannot create embargo on the concerned petitioners if they were to join the fray in the future to be elected to the Co-operative Society's Board. The petitions stand disposed of accordingly.
In view of the disposal of the petitions, the application I.A.1/2019 (in W.P.No.47544/2014) does not survive for consideration and stands disposed of accordingly.
Sd/-
JUDGE nv