O.G. RAVI S/O GOPALA GOWDA Vs. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND MANAGER PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD.

JUDGEMENT

(1.) PETITIONER was elected as a Director to the Managing Committee of 3rd Respondent - co -operative bank. The 2nd Respondent issued to the Petitioner a show cause notice dated. 03.12.2010 under Section 29C of the Karnataka Cooperative Societies Act, 1959 (for short 'the Act'). The 2nd Respondent upon hearing the Petitioner passed an order, disqualifying the Petitioner from holding office in the 3rd Respondent or in any other co -operative society for a period of five years. The Petitioner has deposited in the 3rd Respondent Rs. 57,548/ - on 14.12.2010. The 3rd Respondent has issued a confirmation letter dated 14.12.2010 with regard to the payment and the Petitioner ceasing to be a defaulter.

(2.) THE Petitioner filed an appeal before the 1st Respondent questioning the aforesaid order passed by the 2nd Respondent. Alongwith the appeal, an application under Section 106(3) of the Act was filed to stay the impugned order in the appeal i.e., the disqualification order passed by the 2nd Respondent. The 1st Respondent upon consideration of the said application and finding that, on the date the disqualification order was passed, the Petitioner was a defaulter and the amount has only been deposited on 14.12.2010, has rejected the prayer for interim relief and has directed the appeal to be posted for hearing on 07.01.2011. The 1st and 2nd Respondents were directed to be present with the record without fail on the hearing date. Feeling aggrieved, the Petitioner has filed this writ petition to quash the said order passed by the 1st Respondent and to grant an interim stay of the disqualification order passed by the 2nd Respondent.

(3.) I have perused the writ petition papers.