IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.4214 – 4215/2019 (CS – RES) BETWEEN:
1. JAYARAMU S/O LATE SIDDEGOWDA, AGED ABOUT 54 YEARS, R/O VIRUPAKSHAPURA VILLAGE POST CHENNAPATTNA TALUQ RAMANAGARA DISTRICT.
2. SIDDEGOWDA S/O LATE SIDDEGOWDA, AGED ABOUT 54 YEARS, R/O VIRUPAKSHAPURA VILLAGE POST CHENNAPATTNA TALUQ RAMANAGARA DISTRICT. ... PETITIONERS [BY SRI DEVI PRASAD SHETTY, ADV.] AND:
1. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY HEAD QUARTERS, RAMANAGARA RAMANAGARA DISTRICT-562 159 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY RAMANAGARA SUB-DIVISION RAMANAGARA RAMANAGARA DISTRICT-562159 3. CO-OPERATIVE DEVELOPMENT OFFICERS CHENNAPATTNA TALUK, RAMANAGARA DISTRICT – 562159.
4. VIRUPAKSHAPURA MILK PRODUCER CO-OPERATIVE SOCIETY VIRUPAKSHAPURA VILLAGE CHENNAPATTNA TALUK RAMANAGARA DISTRICT-562159 REP BY ITS TEMPORARY SECRETARY.
5. VIRUPAKSHAPURA MILK PRODUCER CO-OPERATIVE SOCIETY VIRUPAKSHAPURA VILLAGE CHENNAPATTNA TALUK RAMANAGARA DISTRICT-562159 REP BY ITS PRESIDENT.
6. SAGAR S/O SRINIVAS AGED ABOUT 46 YEARS TEMPORARY SECRETARY VIRUPAKSHAPURA VILLAGE CHENNAPATTNA TALUK, RAMANAGARA DISTRICT – 562 159. …RESPONDENTS [BY SRI A.K.VASANTH, AGA FOR R-1 TO R-3.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER DATED 09.11.2018 PRODUCED AT ANNEXURE-J ISSUED BY R5.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3.
The petitioners have challenged the proceedings dated 09.11.2018 passed by respondent No.5 – Society, inter alia, seeking direction to respondent Nos.2, 4 and 5 to appoint a regular secretary in accordance with the Rule 17(3) of the Karnataka Co-operative Society Rules, 1960 (‘Rules’ for short).
2. The petitioners are claiming to be the members of the respondent No.4 - Society. It is the grievance of the petitioners that the resolution passed by the Board of the Society is contrary to the Rule 17 of the Rules; the resolution passed by the Board appointing one Sri. Nagaraju, S/o Nathegowda on temporary basis is against the Rule 17(3) of the Rules. The representation said to have given by one of the Directors of the Society is not considered by the respondent No.3. Aggrieved by the appointment of the Secretary by the Board of the Society, the petitioners are before this Court.
3. The petitioners being the members of the Society can question the resolution of the Board only in accordance with law. The resolution passed by the majority of the Board has some sanctity. If such resolution is against the provisions of the Act and Rules, the same has to be adjudicated before the competent authority. The petitioners cannot rush to this Court invoking the writ jurisdiction. Hence, in the circumstances, this Court is of the opinion that the writ petitions deserve to be disposed of as not maintainable and is ordered accordingly.
4. However, the petitioners are at liberty to submit representation before the respondent No.1, inasmuch as the appointment of the secretary on temporary basis and if such representation is submitted, respondent No.1 shall consider the same in accordance with law and shall take a decision in the matter in an expedite manner.
With the aforesaid observations, writ petitions stand disposed of.
Sd/- JUDGE PMR