SRI DOMLUR SREENIVAS REDDY Vs. BEML EMPLOYEES CO-OPERATIVE SOCIETY LTD. BY ITS PRESIDENT, SECRETARY, REGISTRAR OF CO-OP. SOCIETIES IN KARNATAKA AND ADDITIONAL REGISTRAR OF CO-OP. SOCIETIES (HOUSING & MISCELLANEOUS)

JUDGEMENT

(1.) PETITIONER has filed this writ petition challenging the order dated 20.07.2013 passed by the Additional Registrar of Cooperative Societies (Housing & Miscellaneous), Bangalore (for short:, the Additional Registrar), thereby disqualifying the petitioner from his post as Vice -President & Director of the BEML Employees Co -operative Society Limited, Bangalore (for short, 'the Society') - the 2nd respondent herein for a period of five years. Petitioner has also challenged the order dated 12.08.2013 passed by the 3rd respondent - Registrar of Cooperative Societies in Karnataka, Bangalore (for short, 'the Registrar), rejecting the application filed seeking interim stay of the order of disqualification passed by the Additional Registrar, pending disposal of the appeal preferred by him in Appeal No. RCS/DAP/D1/06/2013 -14. BEML Employees Co -operative Society is a Society registered under the provisions of the Karnataka Co -operative Societies Act, 1959 (for short, 'the Act'). Petitioner has been elected as one of the Directors to the Committee of Management on 23.03.2008 for a period of five years. He was discharging his duties as Vice -President of the Board of Management, whereas, one J. Munnagappa was the President of the Society from 14.10.2010.

(2.) AS alleged by the petitioner, J. Munnagappa - President of the Society committed certain illegalities in disposing of two corner sites belonging to the Society and indeed got them disposed of for his benefit by creating benami transactions contrary to Section 28 -A(1) of the Act and Bye -law No. 60 of the registered Bye -laws of the Society. Petitioner and other Directors made allegations against the President in this regard by writing him a letter with copies marked to the Registrar and to the Principal Secretary to the Government, Department of Co -operation.

(3.) THE Secretary of the Society is said to have given a letter dated 11.06.2013 to the President of the Society stating that he did not record the minutes of the meeting dated 10.06.2013 and that he handed over the Minutes Book to the petitioner - Vice -President of the Society. This letter is produced at Annexure -Q. Thereafter, the President of the Society filed an application under Section 29 -C of the Act before the 4th respondent - Additional Registrar. It is alleged by the petitioner that this application was filed to wreck vengeance against the petitioner for the serious allegations made against him of unlawful gains made by disposing of two comer sites of the Society.