IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITON NO.52001 OF 2019 (CS-RES) Between:
Sri Kubera S/o Devarasegowda Aged about 50 years Residing at Javanikuppe village Dodda Belalu Post Periyapatna Taluk Mysuru Taluk – 571 108 …Petitioner (By Shri Srinivasa D.C., Advocate) And:
1. The Deputy Registrar Co-operative Societies Government Offices Building New Sayyaji Rao Road Mysuru 570 001 2. The Assistant Registrar Co-operative Societies Hunsur Sub-Division Manjunatha Layout B.M. Road, Near Maruti Petrol Bunk Hunsur Town and Taluk Mysuru District 571 105 3. The Chief Executive Officer Primary Agriculture Credit Co-operative Society Dodda Belalu Periyapatna Taluk Mysuru District 571 108 4. Shri Shivanna S/o Kadegowda Aged about 45 years Director of Primary Agriculture Credit Co-operative Society Dodda Belalu Periyapatna Taluk Mysuru District 571 108 (By Smt. H.C. Kavitha, HCGP for R1 and R2; Shri Varun J. Patil, Advocate for R4) …Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order of the R1 dated 05.12.2019 and consequently quash the order passed by the R2 dated 20.08.2019 disqualifying the petitioner vide Annexure-F and D respectively as illegal, capricious and unconstitutional; etc.
This Writ Petition coming on for preliminary hearing, this day, the Court made the following:
O R D E R Sri Srinivasa, learned Advocate for the petitioner submitted that fourth respondent complained against the President of Primary Agriculture Credit Co-operative Society, Dodda Belalu, Preiyapatna Taluk, Mysuru District, alleging certain irregularities. After holding an enquiry, the Assistant Registrar of Co-operative Societies, Mysuru, by order dated 20th August, 2019 disqualified the petitioner for two years from the date of the order. Petitioner challenged the same before the Appellate Authority. Appellate Authority, viz. the Deputy Registrar of Co-operative Societies, by its order 05th December, 2019 has partly allowed the appeal.
2. Learned advocate for the petitioner further submitted that appellate order is not clear. Adverting to reasons recorded by the Appellate Authority, he submitted that the Deputy Registrar has opined that disqualification be made co-terminus with petitioner’s term of office. Accordingly, he prayed that instead of remitting the order, this Court may consider disposing of this writ petition by passing suitable orders limiting the disqualification till his term as President comes to an end.
3. The learned Advocate appearing for complainant- respondent No.4 submitted that calendar of events has been issued and election to the post of President is scheduled to be held on 21st December, 2019.
4. Learned High Court Government Pleader submitted that the impugned order records several allegations against petitioner.
5. I have carefully considered the rival contentions and perused the records. The undisputed fact is, by the impugned order, the Deputy Registrar has partly allowed the appeal. The learned Advocate for petitioner is right in his contention that in the body of the order the Appellate Authority has opined that disqualification be made co-terminus with the petitioner’s term of office. The parties are at one, insofar as the date of election to the office of President is concerned, which is scheduled to be held on 21st December, 2019.
6. In view of the above, ends of justice would be met by clarifying that the disqualification shall be till the ensuing election, viz. 21st December, 2019. Since the disqualification is made co-terminus with the petitioner’s term, the petitioner’s plea to cast his vote, merits consideration. Hence, the petitioner shall be permitted to cast his vote. Ordered accordingly Petition accordingly stands disposed of.
Sd/- JUDGE lnn