ASWATHANARAYANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are members of the Committee of Management (Directors) of the Chikka Hagu Ati Chikka Harijana Girijana Samudaya Tunturu Niravari Sahakara Sangha Niyamitha, Upparahalli, Madhugiri Taluk, Tumkur District.

(2.) The Assistant Registrar of Cooperative Societies by his order dated 18-4-1988 superseded the Management after finding them guilty of five charges of persistent default in the proper conduct of the business of the Society and after examining the explanations offered by the members of the Committee in respect of the show-cause notice issued in that behalf in exercise of his power under Sec. 30(1) of the K.arnataka Co-operative Societies Act, 1959 ('the Act' for short). Appeal was preferred against the said order before the Joint Registrar of Cooperative Societies. That appeal also came to be dismissed concurring with the findings recorded by the Assistant Registrar. Therefore this petition under Article 226 of the Constitution inter alia contending that there has been no application of mind by the Assistant Registrar to the explanations offered; that he has mechanically narrated the explanations offered and has come to the conclusions that charges are prepared without any discussion. It is also contended that the latter part of the operative portion of the order disqualifying the members of the Committee is also untenable. Therefore it is contended that the appellate order also suffers from the same errors and as such both the orders are liable to be set aside.

(3.) A perusal of the order of the Assistant Registrar, Tumkur, clearly demonstrates that the format of writing of the order is more or less the same. The preamble sets out the facts leading to the issue of show cause notice and thereafter the charges. Each charge specifically and explanation given thereto is also considered with full discussion as to whether it is accepted or rejected. The format is not prescribed by any rule made under the Act It is what is in practice in the Department. As long as the finding is with due application of mind, this Court will not insist upon a format which is in-conformity with the Judgments of the Courts, Civil or Criminal.