BASAVALINGAIAH Vs. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) IN these writ petitions, petitioners are calling in question the order dated 13.11.2013 passed by the Assistant Registrar of Co -operative Societies, Ramanagaram Sub Division, Ramanagaram, ordering disqualification of petitioners as Directors/members of Managing Committee of third respondent -Society, confirmed in appeal by the second respondent -Deputy Registrar of Co -operative Societies, Ramanagaram District, Ramanagaram vide his order dated 20.1.2014.

(2.) FACTS briefly stated are that:

(3.) THE Assistant Registrar of Co -operative Societies held an inquiry and passed Annexure 'H' -order disqualifying all the petitioners from continuing as Directors and from being elected as such Directors for the next five years. As can be seen from the order (Annexure 'H') passed by the Assistant Registrar of Cooperative Societies, reasons assigned for disqualifying the petitioners are extraneous and alien to what has been stated in Section 27(2) of the Act for which show cause notice was issued. The Assistant Registrar has gone about finding the Directors guilty of omissions and commissions in discharging duties in the matter of revocation of suspension of Sri Ramachandraiah and reinstating him as Chief Executive Officer of the Society by replacing the arrangement that was made by the erstwhile administrator, who had appointed one D.M. Mukundraj to discharge the duties of the Chief Executive Officer on temporary basis. The Assistant Registrar finds fault with the Managing Committee in not co -operating in the enquiry initiated under Section 64 against the Society. This allegation apparently is with regard to the affairs of the previous managing committee of the society. There is also a reference made in the order with regard to non convening the meeting of general body on or before 25th September of the year. Based on all these grounds, the Assistant Registrar found the petitioners guilty of several violations and ordered for their disqualification.