CHANNE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in this writ petition have questioned the correctness of the order passed by the Asst Registrar of Cooperative Societies, Ramanagaram in MIS. DISF. No.9 of 1973-74 on his file, holding that he had no jurisdiction to enquire into the validity of an election to thei Committee of a Co-operative Society under S.70 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as the 'Act').

(2.) The ground on which the Asst Registrar of Co-operative Societies declined to investigate into the election dispute was that the Karnataka Co-operative Appellate Tribunal had heid in an appeal before it that disputes relating to election to the Committee of Co-operatve Societies could not be decided under S.70 of the. Act. The Tribunal in rejecting the election petition depended upon a decision of this Court in Hayat Beig v. Munivenkle Gowda, (1872) 1 MysLJ.121, in which a Division Bench of this Court had held that a Munsiff functioning under Rule 17 of the Karnataka Village Panchayat (Election of Chairman and Vice-Chairman) Rules, 1969, could not set aside the election to the office of the Chairman in the absence of any statutory provision laying down the grounds on which an election could be set aside. Following the said decision, the Tribunal held that in the absence of any statutory provision laying down the grounds on which an election to the Committee of Cooperative Society could be set aside, under the Act, a dispute relating to an election could not be enquired into under S.70 of the Act.

(3.) Sri M. Papanna, learned Counsel for the petitioners, raised among others, three contentions in support of the writ petition. They are :