IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION NO.48781/2019 (CS-RES) Between:
Sri Kubera S/o Devarasegowda Aged about 50 years Residing at Javanikuppe Village Dodda Belalu Post Periyapatna Taluk Mysuru District-571 108. ... Petitioner (By Sri Srinivasa D.C., Advocate) And:
1. The Deputy Registrar Co-Operative Societies Government Offices Building New Sayyaji Rao Road Mysuru-570001.
2. The Assistant Registrar Co-operative Societies Hunsur Sub Division Manjunatha Layout, B.M. Road Near Maruthi 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-571108.
4. Sri Shivanna S/o Kadegowda Aged about 45 years Director of Primary Agriculture Credit Co-operative Society Dodda Belalu Periyapatna Taluk Mysuru District-571108. ... Respondents (By Sri Varun. J. Patil, Advocate for C/R4) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order of the R1 passed dated 24.09.2019 vide Annexure-H as illegal, capricious and unconstitutional and etc., This Writ Petition coming on for Preliminary hearing, this day, the Court made the following:
O R D E R Heard learned counsel for the parties.
2. In this writ petition, the petitioner is challenging the order dated 24.09.2019 passed by respondent No.1 vide ‘Annexure-H’.
3. The petitioner is elected as a Director of Primary Agriculture Credit Co-operative Society, Dodda Belalu, Periyapatna Taluk, Mysuru District. The proceedings has been initiated under Section 68 of the Karnataka Co-operative Societies Act, 1959 (The ‘Act’ for short) and the petitioner has been disqualified under Section 29 (C) (8) (B) (C) (D) of the Act. Being aggrieved by the same, the petitioner has filed an appeal under Section 106 of the Act.
4. The Appellate Authority on 13.09.2019, has granted an interim order. Subsequently, on 24.09.2019 it has been vacated without giving an opportunity to the petitioner. Be that as it may, now the order which is challenged before the Appellate Authority disqualifying the petitioner and the appellate authority has granted an interim order staying the disqualification order issued by the Authority. On 24.09.2019 without any reason, the stay order granted in favour of the petitioner has been vacated. The impugned order dated 24.09.2019 vide ‘Annexure-H’ is passed without application of mind. Hence, it is liable to be quashed.
5. Accordingly, the writ petition is allowed.
The order passed by respondent No.1 dated 24.09.2019 vide ‘Annexure-H’ is hereby quashed.
6. The interim order granted by the Appellate Authority vide order dated 13.09.2019 is extended till disposal of the main appeal.
7. Respondent No.1 is directed to dispose of the main appeal on or before 06.12.2019.
8. The parties are directed to co-operate in the proceedings.
With the above observations, the writ petition is disposed of.
Sd/- JUDGE nms