VENU GOPAL Vs. ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) IN these two writ petitions, common questions are raised. Challenge in these writ petitions is with regard to the order passed by the jurisdictional Assistant Registrar of Co -operative Societies registering Dibburahally Vyavasaya Seva Sahakara Sangha Niyamitha as a primary agricultural co -operative society. A consequential challenge is also laid to the Certificate of Registration issued by the Assistant Registrar. The impugned order and the Certificate are produced at Annexures -A & B.

(2.) PETITIONERS claim to be residents of Dibburahally Village. There was a Vyavasaya Seva Sahakara Sangha duly registered under the provisions of the Karnataka Co -operative Societies Act, 1959 (for short, 'the Act') of which petitioners were Directors. The said Society was wound up. Steps were taken by one Narasimhappa - respondent No. 4 in W.P. Nos. 47825 -828/2014 acting as Chief Promoter, for establishing a Vyavasaya Seva Sahakara Sangha at Dibburahally, by moving the Assistant Registrar seeking permission to collect funds from the shareholders for registration of a Co -operative Society. The proposal submitted by him was scrutinized and the Co -operative Development Officer was directed to submit his report regarding viability of establishing the Society.

(3.) THE main grievance of the petitioners is that in the process of collecting the share amount from 238 shareholders, the Chief Promoter did not notify the persons/residents of the locality to come forward to enlist themselves as shareholders and therefore, the petitioners who intended to participate in the process of formation of the Society were deprived of their right to join the other shareholders who had contributed towards the share amount.