COL. R. S. MANNAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners seek for issuance of a writ of certiorari to quash the order dated 29.6.2016 passed by the third respondent namely the Joint Registrar of Co- Operative Societies, Bangalore Division, Bangalore vide Annexure-"D" to the writ petitions.

(2.) Sri.Jayakumar S. Patil, learned senior counsel appearing for the counsel for the petitioners contends that the impugned order passed under Section 31(1) of the Karnataka Co-Operative Societies Act, 1959, is an order which suffers from an inherent lack of authority. By reading Section 31(1) he contends that the Registrar can appoint a Special Officer for a Co-operative Society provided the number of members of the Board fall short of the required number to form a quorum due to disqualification, resignation or death or removal of a member or for any other reason. Nothing of these has happened. In the absence of any of these eventualities, the power under Section 31(1) could not have been exercised.

(3.) On the other hand, the learned Government Advocate contends that the order passed under Section 31(1) is appealable under Section 106(1)(e-1). Therefore, she contends that in view of availability of alternate and efficacious remedy, it is inappropriate for this Court to entertain these petitions.