IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.15127/2012 (CS - RES) BETWEEN:
1. SRI. BOGESHWARA CONSUMER COOPERATIVE SOCIETY LTD BOGADI VILLAGE, KASABA HOBLI MYSORE TALUK REPRESENTED BY ITS SECRETARY ANAND S/O LATE BETTE GOWDA AGED ABOUT 34 YEARS 2. SRI. BOGESHWARA CONSUMER COOPERATIVE SOCIETY LTD BOGADI VILLAGE, KASABA HOBLI MYSORE TALUK REPRESENTED BY ITS SECRETARY SIDDALINGE GOWDA AGED ABOUT 65 YEARS S/O LATE KULLI GOWDA ... PETITIONERS [BY SRI.DEVI PRASAD SHETTY, ADV.,] AND:
1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DIVISION MYSORE 2. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIEITES MYSORE DIVISION MYSORE MYSORE DISTRICT 3. THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES MYSORE DIVISION MYSORE MYSORE DISTRICT 4. TAHSILDAR MYSORE DIVISION MYSORE 5. B.C. LINGEGOWDA S/O CHIKKALINGEGOWDA AGE 59 YEARS NO.241, 11TH CROSS 4TH MAIN, BANK COLONY BOGADI MYSORE 6. JAYKUMAR S/O CHAMUNDEGOWDA AGE 45 YEARS NO.241, 11TH CROSS, 4TH MAIN BANK COLONY, BOGADI MYSORE 7. B.S.SWAMY S/O SANNEGOWDA AGE 47 YEARS NO.338, CAR STREET, BOGADI MYSORE 8. PUTTEGOWDA S/O LATE SIDDEGOWDA AGE 60 YEARS NO.237, 3RD CROSS KUVEMPU ROAD MYSORE …RESPONDENTS [BY SRI. LAKSHMINARAYAN, AGA FOR R1 TO 4; SRI. HARSHA GOWDA, ADV., FOR SRI. H.C.SHIVARAMU, ADV., FOR R5 TO 8] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.01.2005 VIDE ANNEXURE – B PASSED BY R2 IN ORDER AND ANNEXURE – C DATED 31.03.2005 PASSED BY R2 AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT DELIVERED THE FOLLOWING:
O R D E R This writ petition is filed by the Secretary and President of Shri. Bogeshwara Consumer Co-operative Society Ltd., which is admittedly ordered to be liquidated by Second respondent herein by order dated 05.01.2005 under section 72 of the Karnataka Co- operative Societies Act, 1959. It is also not in dispute that the registration of the said Society is cancelled by order dated 31.03.2005. It is stated by the petitioners that election was conducted to this Society subsequent to registration being cancelled on 09.03.2009. It is contended that said election was under the supervision of the Election Officer, said to have been appointed by the Government; that based on the said election, a Committee was constituted to run the Society; that the said Managing Committee which has come into existence pursuant to election dated 09.03.2009 is said to have preferred an appeal before the first respondent herein in JRM.DAP/1/2011-12 challenging the liquidation order and the same was dismissed by order dated 30.04.2012.
2. Thereafter, this present writ petition is filed impugning the said order dated 30.04.2012. In this petition writ of certiorari is sought to quash the order dated 05.01.2005 passed by the 2nd respondent, as well as another order dated 21.10.2011 passed by respondent No.4 in CSDCR 66/2011-12 which is with reference to the order being passed canceling the right of the petitioners’ Society to secure supply of food- grains to it and also the order of the first respondent in the aforesaid appeal JRM/DAP/I/2011-12.
3. It is stated initially while issuing notice to the respondent, the order of stay was granted by the first respondent against the order of dismissal challenged in the appeal. Thereafter, when the appeal was heard finally the same was dismissed by order dated 30.04.2012. The grievance of the petitioner herein is that when the election to the petitioners society was conducted, a Committee which is constituted pursuant thereto should have been accepted as Society being functioning legally in accordance with law. In that view of the matter the first respondent ought to have allowed the appeal and set aside the order of the 2nd respondent dated 05.01.2005 passed under Section 72 of the KCS Act, 1959 in liquidating the petitioners society. However, the said argument is countered by the contesting respondents No.1 to 4 on the premise that when the registration of the society itself is cancelled on 31.03.2005 which has remained unchallenged even in the appeal before the first respondent in JRM/DAP/1/2011-12 conducting of elections even by the officers of the Co-operative Society is without jurisdiction and any Committee which has come into existence pursuant to such election is not recognizable in the eye of law. Therefore, finding rendered by the first respondent in the aforesaid appeal in dismissing the same to consider and to set aside the disqualification order dated 05.01.2005 is justifiable, particularly when the cancellation of registration was not even challenged by the President and Secretary of the defunct Society. The said argument of the respondent appears to be just and proper.
4. In that view of the matter, this Court find that no justifiable grounds are made out to interfere with the order dated 30.04.2012 in dismissing the appeal filed by the president and secretary of the defunct society namely Bogeshwara Consumer Co-operative Society Ltd. Hence, this Writ petition filed impugning the said order does not merit consideration. Accordingly, this Writ petition is dismissed.
Sd/- JUDGE Psg*