T. SHIVASHANKARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have challenged an order dtd. 17/5/2023 passed by the respondent No.2 in appeal No.DRS/APL/02/2022-23.

(2.) The facts of the case in brief are that the petitioners were disqualified under Sec. 29C of the Karnataka Cooperative Societies Act, 1959 (henceforth referred to as 'the Act, 1959' for short). They approached this Court in WP.No.233/2022 and connected petitions, which were allowed in terms of an order dtd. 28/4/2022. A writ appeal No.420/2022 was filed there against and the Division bench of this Court allowed the appeal and directed the petitioners to avail the alternate remedy of an appeal before the concerned appellate authority. Consequent thereto, the petitioners approached the respondent No.2 in appeal No.DRS/APL/02/2022-23 and sought an interim stay of the order of disqualification. The said application for stay was rejected, which was then challenged before this Court in WP.No.21428/2022, which was allowed in terms of an order dtd. 6/12/2022, which was thereafter sought to be reviewed in RP.No.20/2023. This Court reviewed the order dtd. 6/12/2022 in WP.No.21428/2022 and extended the interim order granted till the disposed of appeal before the respondent No.2, who was directed to conclude the proceedings within a period of three months from the date of receipt of a copy of the order in RP.No.20/2023. The respondent No.2 held proceedings and disposed off the appeal in terms of the impugned order. The petitioners are therefore before this Court, challenging the said order.

(3.) The learned counsel for the petitioners primarily contended that the petitioners were not heard and the impugned order was passed behind their back. He contends that the respondent No.2 held proceedings during the Court vacation and therefore, the petitioners were not represented before the respondent No.2. He therefore prays that an opportunity be granted to the petitioners to appear before the respondent No.2 and contest the appeal on merits.