H M MANJUNATHAPPA Vs. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE DIVISION, CHAMARAJPETE, BANGALORE

JUDGEMENT

(1.) In this case, petitioner has called in question the legality and correctness of the order at Annexure 'G' dated 10.3.2016 whereby the first respondent has allowed the application of the 5th respondent for his impleadment as an additional respondent.

(2.) The petitioner is the President of the 4th respondentSociety. The 5th respondent was the nominated Director of the said Society during the relevant point of time and he continues to be a member of the Society. On the basis of a complaint of the 5th respondent, the second respondent passed an order dated 1.4.2015 for holding inspection of the accounts of the society under Section 65 of the Karnataka Co-operative Societies Act, 1957 ('Act' for short) and appointed the third respondent as an enquiry officer. The third respondent held an enquiry and submitted the report to the second respondent. On the basis of the said report, the second respondent passed an order dated 28.7.2015 under Section 68 of the Act directing the Society to initiate disqualification proceedings against the petitioner under Section 29-C of the Act. The petitioner has challenged the said order by filing an appeal before the first respondent. In the said case, 5th respondent made an application for his impleadment. As noticed above, the said application has been allowed by the first respondent.

(3.) Sri Jayakumar S. Patil, learned Senior Counsel appearing for the petitioner submits that the 5th respondent has no locus standi to come on record as the respondent. It is submitted that the 5th respondent is neither a necessary nor a proper party. There is no lis between the 5th respondent and the petitioner and the petitioner is not an aggrieved party. Learned Senior Counsel has relied on the following decisions in support of his contentions: