IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA BETWEEN W.P.No. 933/2019 (CS-RES) SMT. KEMPAJAMMA WIFE OF H.H. HANUMEGOWDA AGED ABOUT 48 YEARS DIRECTOR MILK PRODUCERS CO-OPERATIVE SOCIETY BIDARAHOSAHALLI MADDUR TALUK RESIDING AT BIDARAHOSAHALLI MADDUR TALUK MANDYA DISTRICT - 571401 (BY SRI. SIDDAMALLAPPA P M, ADV.) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION VIDHANA VEEDHI BANGALORE-560 001 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA DISTRICT MANDYA PIN CODE-571401 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA SUB DIVISION, ... PETITIONER MANDYA DISTRICT MANDYA - 571401 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA SUB DIVISION MANDYA - 571401 5. THE CO-OPERATIVE WELFARE OFFICER MADDUR TALUK MANDYA DISTRICT MADDUR – 571 407 6. THE CHIEF EXECUTIVE OFFICER MILK PRODUCERS CO-OPERATIVE SOCIETY R/AT BIDARAHOSAHALLI MADDUR TALUK MANDYA DISTRICT – 571 407.
7. SMT SUKANYA W/O NAGARAJU PRESIDENT MILK PRODUCERS CO OPERATIVE SOCIETY R/AT BIDARAHOSAHALLI MADDUR TALUK MANDYA DISTRICT - 571401 8. SRI SIDDARAJU SON OF SIDDEGOWDA AGED ABOUT 40 YEARS VICE PRESIDENT MILK PRODUCERS CO OPERATIVE SOCIETY R/AT BIDARAHOSAHALLI MADDUR TALUK MANDYA DISTRICT 571 401.
9. SRI RAMESH S/O BANDIGE GOWDA AGED 46 YEARS DIRECTOR MILK PRODUCERS CO OPERATIVE SOCIETY R/AT BIDARAHOSAHALLI MADDUR TALUK MANDYA DISTRICT 571 401.
10. SRI H C PUTTASWAMY S/O. LATE HANUMAIAH @ TIKALAIAH AGED ABOUT 46 YEARS DIRECTOR MILK PRODUCERS CO OPERATIVE SOCIETY R/AT BIDARAHOSAHALLI MADDUR TALUK MANDYA DISTRICT 571 401.
11. SRI H B BORE GOWDA SON OF LATE BORE GOWDA @ MANCHE GOWDA AGED 52 YEARS DIRECTOR MILK PRODUCERS CO OPERATIVE SOCIETY R/AT BIDARAHOSAHALLI MADDUR TALUK MANDYA DISTRICT 571 401.
12. SRI H C BORE GOWDA SON OF LATE CHIKKA BORE GOWDA AGED 50 YEARS DIRECTOR MILK PRODUCERS CO OPERATIVE SOCIETY R/AT BIDARAHOSAHALLI MADDUR TALUK MANDYA DISTRICT 571 401.
13. SRI SHIVANNA S/O NAGE GOWDA AGED ABOUT 46 YEARS DIRECTOR MILK PRODUCERS CO OPERATIVE SOCIETY R/AT BIDARAHOSAHALLI MADDUR TALUK MANDYA DISTRICT 571 401.
14. SMT CHANDRAMMA WIFE OF BETTA SHETTY AGED ABOUT 40Y EARS DIRECOTR MILK PRODUCERS CO OPERATIVE SOCIETY R/AT BIDARAHOSAHALLI MADDUR TALUK MANDYA DISTRICT 571 401.
15. SMT CHIKKAMMA WIFE OF SIDDA SHETTY DIRECTOR MILK PRODUCERS CO OPERATIVE SOCIETY R/AT BIDARAHOSAHALLI MADDUR TALUK MANDYA DISTRICT 571 401.
... RESPONDENTS (BY SRI. A. K. VASANTH, GOVT. ADV. FOR R1 TO R5 SRI. G. M. ANANDA, ADV. FOR R7 TO R14) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.10.2018 PASSED BY R-3 VIDE ANNEX-F.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is said to be the member of Milk Producers Co-operative Society of Bidarahosahalli. It is stated that she had contested to the election of the said society and got elected as the Director for the period from 2018 to 2013. Out of 11 directors elected in the said election to society, 4 of them including the petitioner is said to have resigned and 1 director is disqualified from the post of director. Therefore, only 6 directors out of 11 directors are continuing the business of the said society.
2. In the meanwhile, the 3rd respondent – Deputy Registrar of Co-operative Societies appointed a Co-operative Development Officer as administrator of the said society. The said appointment was stayed by the 2nd respondent - Joint Registrar of Co-operative Societies in proceeding No. AR39/Misc./VAaNe/PR/ 100/2018-19 vide Annexure-C dated 19.09.2018. The said interim order is sought to be challenged by the petitioner who was one of the directors and subsequently resigned as director of Milk Producers Co-operative Society of Bidarahosahalli.
3. Heard the learned counsel for the petitioner and as well as the contesting respondents.
4. On going through the materials available on record, question of entertaining this writ petition filed by a resigned director does not merit consideration. However in the fact situation, this Court is of the opinion that the Joint Registrar of Co-operative Societies before whom the appointment of administrator is subject matter of challenge, shall hear and dispose of the same within 60 days from the date of receipt of a certified copy of this order.
With the aforesaid observation, this writ petition is disposed of.
Sd/- JUDGE VP