MALLAPPA Vs. REGR OF COOP SOCIETIES

JUDGEMENT

(1.) Prior to 1-6-1975, the petitioner was working as the paid Secretary-cum Supervisor of a Co-operative Society called as 'Kurubar Wool Industry Developing Co-operative Association Ltd, Ranebennur' (hereinafter referred to as the Society) which is respondent No. 2 before me. He has rendered loyal and efficient service to the said Society for more than three decades and retired from service on 31-5-1975 receiving such terminal benefits that he was entitled to from the Society.

(2.) On 1-6-1975, the Committee of management of the Society decided to utilise the services of the petitioner by appointing him as its 'honorary working member' on certain terms and conditions by suitably amending the existing bye-laws which did not permit the same. Accordingly, a suitable amendment of the bye-law of the Society was placed before the General Body meeting of the Society held on 23-9-1975 which approved the same without any modification. In accordance with the provisions of the Karnataka Co-operative Societies Act of 1959 (hereinafter referred to as the Act) and the Rules framed thereunder, the Society approached the Joint Registrar 6f Co-operative Societies, Belgaum Division, Belgaum (hereinafter referred to as 'the Joint Registrar') who is respondent No. 1, to accord his approval to the said bye-law. But, unfortunately for the petitioner, respondent No. 1 taking the view, that there was no need for the appointment of an honorary 'member' and the proposed bye-law was not in conformity with S. 56 of the Act, by his order No. (D)/ AMD-SR/20/75-76 (K) dated 27-11 1975 (Ex-C), rejected the said request of the Society. Against the said order of respondent No. 1, the Society filed an appeal before the Registrar of Co-operative Societies in Karnataka, Bangalore (hereinafter referred to as 'the Registrar') in R.C.S. Appeal No 3 of 1976-77, who by his order dated 5-7-1976, (Ex-D) dismissed the said appeal and affirmed the order of respondent No. 1. Against the said orders of the Registrar and Joint Registrar, the Society filed a revision petition under Section 108 of the Act before the Government which by its order No. RDC 349 CWP 76 dated 6-6-1977 (Ex- E) allowed the said revision petition. The operative portion of the said order of Government reads thus: "Government have gone though the recor as and also studied its working and other aspects. It is one of the good working co-operative Institutions in the area which is rendering yeoman service to the weavers and other people involved in the wool industry. It is running in profit and office, be arers are taking keen interest in the development of the Society. The amendment to the bye-law now proposed is quite reasonable and it is in the interest of the Institution to utilise the services of an experienced qualified person. Therefore, the amendment now proposed to the bye-law may be registered. The order of the Registrar of Co-operative Societies, rejecting the registration of this bye-law is set aside, and the petition is allowed." In compliance of the said order, respondent No. 1 by his order No- D|MAD| SR/20-75-76 (K) dated 4-3.1978 (Ex- F) issued a certificate of approval and registration of the bye-law proposed by the Society, without specifying the date from which the said approval and registration should take effect. In this petition under Art. 226 of the Constitution, the petitioner has sought for a writ in the nature of mandamus to respondent No. 1 to approve and register the bye-law with effect from 1.6.1975 or 27-11.1975, the former being the date on which the committee of management decided to frame a new bye-law and the latter being the date on which he refused to accord his sanction.

(3.) The petitioner claims that in view of the order of Government in the revision petition filed by the Society (Exhibi-E), the bye-law should be registered, in any event, from the date on which respondent No. 1 rejected the, request of the Society viz., 27-11-1975 and not from 4-3.1978.