HUBLIMANEKATTUVA SAHAKARI SANGHA LIMITED HUBLI Vs. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES DHARWAD

JUDGEMENT

(1.) issue rule.

(2.) the petitioner herein is a co-operative society, represented by its president. The, society went into liquidation and as per proceedings dated 27-7-1972, the society was ordered to be . Wound up. A liquidator, who is a departmental officer, was appointed to administer the affairs of the society. It is seen from the exhibits produced that the 2nd respondent after conducting due and detailed enquiry issued Annexure-C order dated 24-4-1989 to rescind the order of liquidation and revived the society. The liquidator, the 2nd respondent herein, was allowed to be in office in-charge of the society. In view of the fact that the order of liquidation stood revoked, the 2nd respondent thereafter represented the committee of management of the society and was administering the affairs of the society. Annexure-C order was issued under Section 72(3) of the Co-Operative Societies Act.

(3.) thereafter, between 1-6-1989 and 4-6-1989, the liquidator enrolled new members and on 5-6-1989, convened a general body of the members where and a group of persons were selected as directors. These directors met and elected a president. On coming to know of the same, the 1st respondent issued show cause notice on 24-8-1989 to the directors of the society to show cause why annexure-c order revoking the revival order be rescinded. On 19-9-1989, the said show-cause notice was replied. After hearing, by Annexure-B order dated 25-10-1989, Annexure c order dated 24-4-1989 was rescinded. An appeal filed by the petitioner before the 3rd respondent was unsuccessful. The said order Annexure-A and the order revoking the revival, an-nexure-b, are impugned in these proceedings.