MARIYYAPPA Vs. JOINT REGISTRAR OF CO OP SOCIETIES

JUDGEMENT

(1.) THE petitioners assailing the correctness and legality of the impugned order dt. 27. 7. 2001 in No. DRG/r/ssn/11/2001-02 on the file of the 2nd Respondent, Deputy Registrar of Co-op. , Societies, Bangalore Rural District, and the order dated 17. 10. 2001 in No. JRB/appeal/9/2001-02 on the file of the 1st respondent, the Joint Registrar of Co-operative Societies, Bangalore, have presented the instant writ petition.

(2.) THESE petitioners are elected as Directors of the 2nd (3rd ) respondent Society. The only grievance made out before this Court as submitted by the learned counsel is, both the authorities have committed an error in passing orders superseding the management Committee of the 2nd respondent without following the mandatory provisions of the Co-operative Societies Act and appointed the Administrator. The proceedings under Section 31 (1) of the Co-op. , Societies Act were initiated in pursuance of the direction issued by the A. R. C. S, which was not competent to pass such orders.

(3.) FURTHER, the specific case made out before the 2nd respondent that they requested the service of the Advocate but the same has been refused and 2nd respondent proceeded to pass the order holding that out of 12 charges, 10 charges have been proved.