R.M. MANJUNATH GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal emanates from an order dtd. 17/11/2021 passed by Learned Single Judge by which writ petition preferred by the appellant has been dismissed and order dtd. 14/10/2020 passed by Joint Registrar, Co-operative Societies disqualifying the appellant from continuing in any post in District Central Co-operative Bank, Shimogga (hereinafter referred to as 'the DCC' for short) has been upheld.

(2.) Facts giving rise to filing of this appeal briefly stated are that appellant is an elected Director and President of DCC, Shimogga. The appellant was disqualified by an order dtd. 14/7/2020 passed by Joint Registrar, Cooperative Societies, Bengaluru. The said order was challenged by the appellant in a writ petition viz., W.P.No.8891/2020 inter alia on the ground that it is a product of unfair procedure followed by Joint Registrar, Cooperative Societies, Bengaluru. At the time of hearing of the petition, learned Advocate General stated that the order of disqualification be set aside and the matter be remitted to any of the four joint registrars mentioned in the memo. Learned Senior Counsel for the appellant stated before the Learned Single Judge that the Learned Single Judge may in its discretion choose any one of the four joint registrar's and the matter be remitted. In the light of aforesaid submission, the Learned Single Judge by an order dtd. 14/8/2020 set aside the order of disqualification of the appellant dtd. 14/7/2020 and directed that an enquiry shall be conducted by the Joint Registrar, Cooperative Societies and Managing Director of DCC, Chitradurga within six weeks. All contentions of the parties were kept open.

(3.) The said order was challenged in an appeal by the appellant viz., W.A.No.459/2020, which was disposed of by an order 22/9/2020. However, the direction pertaining to fresh enquiry by Joint Registrar, Cooperative Societies, (hereinafter referred to as 'JRCS' for short) Chitradurga was upheld. After remand, the JRCS, Chitradurga by an order dtd. 14/10/2020 disqualified the appellant from continuing on any post in the DCC Bank for a period of five years. Pursuant to the aforesaid order, the State Cooperative Election Authority passed a consequential order on 20/10/2020.