IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE S.N. SATYANARAYANA W.P. NO.28270/2017 (CS-RES) BETWEEN:
Sri.Suresh Gowda, President, Aircraft Employees House Building Co-op Society, Aged about 52 years, S/o Late Krishnappa, No.15, 1st Cross, CKC Garden, Opp. BIO Hospital, K.H.Road, Bengaluru – 560 027. ... Petitioner (By Sri.Jayakumar.S.Patil, Sr.Counsel for Sri.Bipin Hegde, Advocate) AND:
1. State of Karnataka, Rep by Secretary, Department of Co-Operative Societies, M.S.Buildings, Bengaluru – 560 001.
2. Joint Registrar of Co-Operative Societies, Bangalore Region, Chamarajpet, Bengaluru.
3. Aircraft Employees House Building Co-operative Society No.15, 1st Cross, CKC Garden, Opp. BIO Hospital, K.H.Road, Bengaluru – 560 027.
Rep by its Secretary.
(amended vide Court … Respondents order dated 4.7.2017) (By Sri.A.S.Ponnanna, AAG a/w Smt.R.Anitha, HCGP for R-1 and R-2;
Sri.Shashi Kiran Shetty, Senior Counsel for Shetty and Hegde Associates, Advocates for R-3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned notice dated 27.2.2017 issued by the Respondent 2 vide Annexure-A in dispute No.JRB/Dispute/29(C)10/2016-17 etc.
This Writ Petition coming on for orders this day, the Court made the following:
O R D E R The petitioner herein who is said to be President of Aircraft Employees Co-operative Society has come up in this Writ Petition impugning the show cause notice dated 27.2.2017 issued under Section 29(c) of Karnataka Co-operative Societies Act, 1959 wherein as many as 20 allegations/accusations are made against the petitioner herein with reference to his conduct while conducting business of the third respondent – Society.
2. Admittedly, the petitioner herein has appeared before the Joint Registrar of Co-operative Societies, the second respondent herein, in the proceedings initiated under Annexure-A dated 27.2.2017 and the proceedings, as could be seen from the order sheet furnished to this Court, has culminated in the matter being concluded and reserved for orders as on 15.6.2017. It is stated that thereafter an application is made seeking to advance the said proceedings for the purpose of raising additional grounds in support of his defence and also to argue in that behalf. It is stated that the said application was allowed and the matter was reserved for orders on 3.7.2017. at this juncture, the petitioner herein has approached this Court on the premise that the entire proceedings before the Joint Registrar of Co-operative Societies (for short ‘JRCS’) is with an intention to make him a scape goat in a proceedings where he has been falsely implicated. Therefore he sought for quashing of the entire proceedings.
3. However, this Court would not like to express its opinion on any of the grounds urged and on any of the defence taken on behalf of the first respondent herein. Though the third respondent is impleaded in this petition, the Court is of the opinion that the third respondent is not a necessary party at this juncture. In any event, when this matter is already under consideration before JRCS in a proceedings in No.eÉDgï©/zÁªÁ/29(£)/10/2016-17, deciding maintainability or otherwise of the show cause notice issued under Section 29(c) of the Act does not arise. Inasmuch as the petitioner herein has participated in the proceedings by raising his defence and by filing application at a later stage to raise additional defence. Therefore, at this juncture it is not permissible to consider his prayer to quash the show cause notice dated 27.02.2017. However, in the fact situation this court feel what could be considered is, further opportunity to petitioner to address further arguments on all grounds urged in the pending proceedings and thereafter the concerned authority to decide the matter on its merits. Therefore, this petition requires to be dismissed with such observations.
4. Accordingly, the Writ Petition is dismissed. The second respondent - Joint Registrar of Co-operative Societies is directed to give fresh hearing to the petitioner, on all grounds and decide the matter on its merits.
5. At the request of the counsel for both sides, the second respondent - Joint Registrar of Co-operative Societies is directed to list this case for hearing additional arguments on 30.10.2017 and thereafter within thirty days, the Joint Registrar of Co-operative Societies shall decide the matter.
Sd/- JUDGE RS/* Ct-dn