IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.43056 OF 2019 (CS-RES) BETWEEN:
BYRANNA, S/O. LATE BYRANNA, AGED ABOUT 80 YEARS, NO.424, 6TH MAIN, WEST OF CHORD ROAD, 2ND STAGE, MAHALAKSHMIPURAM, BENGALURU-560086. … PETITIONER (BY SRI. N.RAMACHANDRA, ADVOCATE) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, 6TH FLOOR, M.S.BUILDING, DR. AMBEDKAR VEEDI, BENGALURU-560001.
REPRESENTED BY ITS PRINCIPLE SECRETARY.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BENGALURU-560052.
3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (URBAN BANK CELL) NO.1 ALI ASKAR ROAD, BENGALURU-560052.
4. JANAHITHA CO-OPERATIVE SOCIETY LTD, NO.53, 2ND FLOOR, W.C.R. 2ND STAGE, MAHALAKSHMIPURAM, BEGALURU-560086. BY ITS SECRETARY.
… RESPONDENTS (BY SMT. H.C.KAVITHA, HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER OF COMMUNICATION ISSUED BY THE R3 VIDE ANNEXURE-G AS BAD IN LAW AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner claims to be the President of Janahitha Co- operative Society Limited, Bengaluru. He submitted a representation to the Registrar of Co-operative Society on 09/03/2019 stating that in his absence and without his consent, a meeting was conducted on 08/03/2019 and certain decisions were taken in the said meeting. Accordingly, petitioner requested the Registrar of Co- operative Societies/respondent No.2 to take appropriate action against the Secretary and to suspend all the Directors of the said society. In response to the said representation, the Joint Registrar of Co-operative Societies has issued a ‘date less’ endorsement stating that petitioner’s claim was unfounded.
2. To a query made by this Court, learned advocate for petitioner, in his usual fairness submitted that in a matter of this nature, a dispute under Section 70 of the Co-operative Societies Act, is maintainable. He further submitted that in view of the communication issued by the Joint Registrar of Co-operative Societies, even if petitioner raises a dispute, the same will have to be adjudicated by the same authority. Accordingly, he prayed that suitable directions be issued for adjudication of the dispute which the petitioner proposes to raise, by an officer other than the one who has issued the communication as per Annexure-G. The said request is reasonable.
3. Learned Addl. Government Advocate submitted that if a request is made to the Registrar for assigning petitioner’s dispute to any other officer other than the one who has issued the communication Annexure-G, the same will be considered in accordance with law.
4. In view of the above, this petition is disposed of with liberty to the petitioner to raise a dispute in respect of the meeting dated 08/03/2019. If a request is made to the Registrar for adjudication of the dispute by any other officer other than the one who has issued Annexure-G, the same shall be considered in accordance with law.
No costs.
Sd/- JUDGE Msu