LAWS(KAR)-2004-11-25

N RANGAPPA Vs. STATE OF KARNATAKA

Decided On November 05, 2004
N.RANGAPPA Appellant
V/S
STATE OF KARNATAKA, REP. BY ITS PRL. SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) THE 8th petitioner in W. P. No. 10590/2004 and 7th petitioner in W. P No. 10593/2004 are co-operative Societies registered under the Karnataka Co-operative Societies Act, 1959 (hereinafter called the "act" ). Rest of the petitioners in both the petitions are members of the respective Co- operative Societies.

(2.) ALL the petitioners in both the petitions, questioning the legality and validity of the order dated 30th September 1994 passed by the third respondent - Deputy Registrar of Co-operative societies, Bangalore vide Annexure A, the order passed by the second respondent -Joint registrar of Co-operative Societies, Bangalore dated 7th June 1997 vide Annexure B and the order passed by first respondent - Principal Secretary to Government, Co-operation Department, bangalore, dated 15th February 2002 vide Annexure C, have presented the instant Writ Petitions. Further, the petitioners in these petitions have prayed to direct the respondents to permit the petitioners to carry on the activities of the 8th petitioner and the 7th petitioner - Cooperative societies, respectively and to serve its members.

(3.) THE grievance of the petitioners in these petitions is that, these petitioners are the managing members of the 8th petitioner and 7th petitioner Co-operative Societies respectively. When they were so functioning effectively, without any blemish and to the satisfaction of the members of the 8th and 7th petitioners - Co-operative Societies, it appears, there was a Government direction to the competent authority to make spot inspection and submit the report regarding the manner in which the societies are functioning. Accordingly, the concerned Co-operative Development officer, Bangalore North Taluk, has made the spot inspection of the 8th petitioner and the 7th petitioner - Co -operative Societies respectively, and after through evaluation of the entire records available, on the file of respective Societies has submitted the report under Section 65 of the Co-operative Societies Act before the third respondent - Deputy Registrar of Co-operative societies, Bangalore District - 1. The Deputy Registrar of Co-operative Societies Bangalore district - 1 has initiated proceedings under Section 72 of the Co-operative Societies Act for winding up of these two Cooperative Societies, viz 8th petitioner and the 7th petitioner in these petitions respectively. A statutory notice was served on 27th June 1994, as referred at Sl. No. I of the reference in Annexure A, and in spite of giving statutory notice, the petitioners nor the 8th and 7th petitioners respectively in these Writ Petitions have chosen to file any objections to substantiate the stand that, the said Societies are functioning as per their respective bye laws and as per mandatory provisions of the Co-operative Societies Act and Rules. Having regard to this back ground, the Deputy Registrar of Cooperative Societies, after considering the report submitted by the competent authority regarding the nature of functioning, financial viability of the respective Societies etc. , has passed the order for winding up of these two Societies by a common order dated 30th September 1994. Being aggrieved by the order passed by the Deputy registrar of Co-operative Societies, the president of the 8th petitioner and 7th petitioner Co-operative Societies and their respective Directors have filed the appeal on the file of the Joint registrar of Co-operative Societies, Bangalore Division, Bangalore in Appeal No. JRB/appeal/45/94-95 and Appeal No. JRB/appeal/ 44/94-95. The Joint Registrar of co-operative Societies, after evaluation of the material available an record and the order passed by the Deputy Registrar of Co-operative Societies has passed separate orders on 7th June 1997 vide Annexure B in both petitions. Being aggrieved by the order passed by both the authorities, the petitioners have filed a Revision Petition on the file of the Principal Secretary to Government of Karnataka, Co- operative Department in Revision Petition No. CMW 29/cap 98 and No. CMW 28/ CAP 98. Both the Revision Petitions filed by the petitioners had come up for consideration before the first respondent and the first respondent, after considering the material available on record such as the report submitted by the competent authority, the order passed by both the authorities, etc. , has dismissed the revision petitions, holding that, the Revisional authority does not find anything wrong in the order passed by the Deputy Registrar of co-operative Societies, confirmed by the Joint Registrar of Co-operative Societies. Feeling aggrieved by the orders passed by all the three competent authorities, referred above, the petitioners felt necessitated to present these petitions invoking the extra ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India.