GURUSIDDAPPA MOOLAGI Vs. DEPUTY REGISTRAR

JUDGEMENT

(1.) WRIT petition by persons who were Directors of the Hubli Taluk Agricultural Produce Marketing Society Limited, Hubli and who have suffered an order of disqualification under the provisions of Section 29-C(8) of the Karnataka Co-operative Societies Act, 1959 (for short, the Act'), in terms of the orders at Annexures-A1 to A7 to the writ petition.

(2.) PETITIONERS have approached this Court seeking for quashing of these orders notwithstanding an appellate remedy under Section 106 of the Act, for the reason that the petitioners and two others had earlier approached this Court in the context of the show-cause notice which had been issued for the very purpose seeking for quashing of the show-cause notice, but this Court while dismissing the writ petition, nevertheless, observed in terms of the order dated 24-7-2008 that the petitioners may file their objections to the show-cause notice within a further period of four weeks from that date and the respondents were required to consider such objections and pass orders afresh, but even without waiting for the petitioners to file their objections, the Assistant Registrar has concluded the enquiry and has passed the impugned orders and therefore the order is not only in violation of principles of natural justice but also in violation of the specific directions issued by this Court. It is on such premise, the petitioners have sought for the bypassing of the appellate remedy and seeking for relief before this Court.

(3.) SUBSEQUENTLY, the respondents have entered appearance through Ms. K Vidyavati, learned Government Pleader. Statement of objections has also been filed on behalf of the first respondent, pointing out, inter alia, that there were no bona fides in the petition and the petitioners have an alternative remedy of appeal and even the two other Directors who had approached this Court earlier, have filed appeal under Section 106 and therefore the interim order should be vacated and the petitioners also be directed to approach the Appellate Authority.