BASAVALINGAIAH Vs. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) SECOND respondent is a Co -operative Society registered under the provisions of Karnataka Co - operative Societies Act, 1959. It's Managing Committee having been superseded and the administrator having taken charge, kept Ramachadraiah s/o Chikkanna, the Secretary of the Society under suspension and placed on 07.12.2012, one Mukundaraj, in charge of the post of Secretary. A dispute having been filed by Ramachandraiah and an interim order having been passed, when questioned in Karnataka Appellate Tribunal by the Society, the order passed in the dispute was set aside on 28.08.2013.

(2.) THE petitioners were elected as members of Managing Committee of 2nd respondent -Society on 01.09.2013. A circular having been issued to all the Co - operative Societies to conduct their Annual General Body Meetings on or before 24.09.2013, the office bearers to the 2nd respondent having been elected on 04.09.2013 and the administrator having been handed over charge to the Managing Committee on 10.09.2013, in the meeting held on 18.09.2013, the Managing Committee of the 2nd respondent resolved to cancel the suspension of Ramachandraiah and to call for emergent meeting to discuss about conducting of the Annual General Body Meeting. On 21.09.2013, the Managing Committee of the 2nd respondent resolved to seek permission of respondents 1 and 3 to conduct Annual General Body Meeting after 25.09.2013 as there would not be 15 clear days time before 25.09.2013. The 1st respondent having issued notice to show -cause as to why the Managing Committee comprising of the petitioners should not be disqualified for not conducting Annual General Body Meeting and the petitioners having replied to the show - cause notice dated 10.10.2013, the 1st respondent passed an order in exercise of powers under Section 27(2)(a) of the Act, disqualifying the petitioners for a period of five years. Respondent No.4 was appointed as the Administrator of the 2nd respondent -Society on 14.11.2013.

(3.) HEARD Sri Jai Prakash Reddy, learned advocate for the petitioners and Sri.D.K.Sriramappa, learned advocate for 2nd respondent and learned AGA for respondents 1 and 3 and perused the writ petition papers.