KARNATAKA URBAN HOUSING CO-OPERATIVE SOCIETY LTD Vs. KARNATAKA URBAN HOUSING CO OPERATIVE SOCIETY LTD

JUDGEMENT

(1.) In this Petition under Articles 226 and 227 of the Constitution, the petitioners have sought for quashing the proceedings in Dispute No. 83/79 on the file of the Assistant Registrar of Co-operative Societies, Circle No 1, Bangalore, and also to quash the orders dated 6-4-1985 and 28-6-85 passed by the Karnataka Appellate Tribunal in Appeal No. 110 of 1985, produced as Annexures F, G and H respectively.

(2.) The petitioners 2 to 7 and respondents 3 to 5 claim to be the members of the Committee of Management of the first petitioner-society. There was a dispute raised by Sri Chellaiah and Lakkappa for a declaration that the petitioners 2 to 7 and respondents 3 to 5 are not the members of the Managing Committee of the first petitioner-society ; as such, they have no manner of right to call the General Body Meeting of the first petitioner-society. There was a contention raised by the petitioners 2 to 7 and respondents 3 to 5 before the Assistant Registrar of Co-operative Societies, who entertained the dispute that the dispute was not maintainable having regard to the fact that it was they who had been functioning as the members of the Managing Committee for the last several years. The Assistant Registrar of Co-operative Societies did not enquire into the dispute. He only heard on the question of maintainability of the dispute and came to the conclusion that the dispute was not maintainable. Accordingly he dismissed the dispute.

(3.) There was an appeal filed by Chickaputtaiah (respondent-2) and also by Sri Lakkappa claiming to be the Secretary of the first petitioner's society. The petitioners 2 to 7 and respondents 3 to 5 were impleaded in the appeal as respondents. The Tribunal, by the order dated 6-4-1985 produced as Annexure-G, came to the conclusion that the dispute was maintainable, Ultimately, by the order dated 28-6-1985, the Tribunal has allowed the appeal and has remitted the dispute to the Assistant Registrar of Co-operative Societies with a direction to decide the same in accordance with law and in the light of the observations made in the order. While remitting the matter, the Tribunal has also raised certain points to be determined by the Assistant Registrar of Co-operative Societies.