IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF MAY, 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA W.P. NO.22408 OF 2017 (CS-RES) BETWEEN Smt. Shyla W/o S.R. Paramesh Age 38 years No.1825/15, Balakrishna Compound Near Cauvery Rural Bank Hunasuru Mysore District. … Petitioner (By Sri. Devi Prasad Shetty, Advocate) AND 1. Assistant Registrar of Cooperative Societies Hunasuru Sub Division Vishweshwara Circle Ganesh Temple Road Hunusoor – 571 105 Mysore District.
2. Primary Agriculture Credit Cooperative Society Kalahalli Hanagodu Hobli, Hunasuru Tq Represented by its incharge Secretary 3. Devaraju S/o Appugowda Aged about 46 years President Primary Agriculture Credit Cooperative Society Kalahalli, Hanagodu Hobli, Hunasuru tq R/o Nagamangala Village Hanagodu hobli, Hunusoor tq 4. Nanjaiah S/o sannananjaiah Aged about 50 years Director Primary Agriculture Credit Cooperative Society Kalahalli, Hanagodu Hobli Hunasuru Tq, R/o Kothegala Village, anagodu Hobli Hunasuru Tq 5. K.B. Rajappa S/o Basappa age 57 years Director Primary Agriculture Credit Cooperative Society Kalahalli R/o Kalahalli Village Hanagodu Hobli, Hunasuru Tq 6. Annayyachari S/o Kalachari Aged about 50 years Director Primary Agriculture Credit Cooperative Society Kalahalli R/o Kalahalli R/o Yamagunda Village, Hanagodu Hobli, Hunasuru Tq 7. Jagadish S/o Puttaswamy age 46 years Director Primary Agriculture Credit Cooperative Society Kalahalli Kalahalli, R/o Yamagunda Village Hanagodu Hobli, Hunasuru Tq 8. Harish S/o l Natraju Age about 44 years Director Primary Agriculture Credit Cooperative Society Kalahalli Kalahalli, R/o Yamagunda Village, Hanagodu Hobli, Hunasuru Tq 9. Mahesh S/o Krishnegowda Age about 45 years Director Primary Agriculture Credit Cooperative Society Kalahalli Hanagodu Hobli, Hunassor tq R/o Kothegala Village Hanagodu Hobli, Hunasuru Tq 10. Mallesh S/o Subbiah age 45 years Director Primary Agriculture Credit Cooperative Society Kalahalli R/o Kalahalli Village, Hanagodu Hobli, Hunasuru Tq.
11. Smt Chinnamana S/o Subbiah age 45 years Director Primary Agriculture Credit Cooperative Society Kalahalli R/o Kalahalli Village, Hanagodu Hobli, Hunasuru Tq 12. Puttalakshmamma W/o Karigowda age 55 years Director Primary Agriculture Credit Cooperative Society Kalahalli Hunagodu Hobli, Hunsoor Tq R/o Nagamangala Village, Hanagodu Hobli, Hunsusoor Tq 13. Supervisor Mysore Chamrajanagar District, Central Co-Operative Bank Branch, 1st circle, Hunasuru ... Respondents (By Sri. M.A. Subramani, HCGP for R1) This WP is filed under Articles 226 & 227 of the Constitution of India praying to quash the Annexure –E dated 25.04.2017 passed by Respondent -3 and Annexure –N dated 16.05.2017 issued by Respondent -3, etc., This petition is coming on for preliminary hearing this day, the court made the following:
ORDER Learned Additional Government Advocate is directed to take notice for respondent No.1. Learned counsel for the petitioner files a memo for dispensation of notice to respondent Nos. 2 to 13. Memo is placed on record. Notice to respondent No. 2 to 13 is dispensed with at the risk of the petitioner.
2. Learned counsel for the petitioner submits that the prayer (a) and (b) may be dismissed of as not pressed for the time being and prayer C may be considered for the present.
3. The petitioner filed the present writ petition for a writ of mandamus, directing the first respondent to dispose the interim application filed under section 71 (3) of Karnataka Cooperative Society’s Act, 1959 (KCS Act) for consideration of stay at the earliest.
4. It is the case of the petitioner that the petitioner was working as the Chief Executive Officer from 2008 in the second respondent Society and she has been working sincerely and there is no complaint what-so-ever against the petitioner. It is further contended that under the byelaws and under the KCS Act, the CEO has got the power to call for the meetings and also to issue notices for the meetings. It is submitted that the respondent No.3, President issued a meeting notice dated 17.04.2017 calling for the meeting on 25.04.2017 without authority of law. In the said meeting Agenda -4 to be discussed was that the petitioner was not working as the CEO in accordance with the bylaws of the society. The entire proceedings was held in the absence of the petitioner and the meeting was conducted under the leadership of the president i.e., the respondent No.3 who had no power to issue meeting notice and to conduct the meting on 25.04.2017.
5. From the date of disqualification, the President has started to harass the petitioner on some or the other ground. In fact the petitioner has also lodged a complaint before respondent No.1 against the respondent No.3. The petitioner was not allowed to work in the Society by putting the lock where the documents were kept. The petitioner was mentally harassed by the President. Therefore, the petitioner approached the first respondent and filed a dispute under the provisions of Section 70 of the KCS Act on 02.05.2017 and also filed an application on the same day for consideration of interim prayer. Inspite of the repeated requests made by the petitioner, the first respondent has not considered the said IA and in view of the delay in consideration of the interim prayer, the President is harassing the petitioner. Therefore, the petitioner is before this Court for writ of mandamus.
6. Heard the learned counsel for the parties to the lis.
7. Sri. Devi Prasad Shetty, learned counsel for the petitioner reiterating the grounds urged in the writ petition has vehemently contended that non-consideration of the application under the provisions of Section 71 (3) of KCS Act for the interim prayer, the petitioner is being harassed by the President. Therefore, he sought to allow the writ petition.
8. Per contra, Sri. M.A. Subramani, learned HCGP on instructions from the first respondent, fairly submits that Assistant Registrar of Cooperative Societies who is the concerned authority would consider of the interim prayer within a period of two weeks from today. The said submission is placed on record.
9. Having heard the learned counsel for the parties to the lis and in view of the fair submissions made by the learned HCGP for the first respondent, the first respondent Assistant Registrar of Cooperative Societies is directed to consider the application filed by the petitioner as per Annexure –F under the provisions of Section 71 (3) of KCS Act, and pass orders on interim application in accordance with law within a period of two weeks from today.
10. With the above observations the writ petition is disposed of.
Sd/- JUDGE BVK/MBM