BASAVARAJ KALLAPPA KUGATI Vs. JOINT REGISTRAR

JUDGEMENT

(1.) The petitioners in these petitions are aggrieved by a portion of the impugned order dated 18.12.2018 at Annexure-E wherein it is directed that if respondents Nos.6 to 16 and other eligible farmers make an application for enrollment as new members to the 2nd respondent-Co-operative society, they should be enrolled as members and they should be included in the voters list and thereafter election was directed to be held. A subsequent order of even date passed by the 1st respondent acting as Election Officer, is also called in question, insofar as it relates to clause No.5 of the Order.

(2.) A brief background leading to the present writ petitions is required to be narrated. By a notification dated 15.03.2013 issued by the State Government, a new taluk known as Kittur came into existence after bifurcation of the earlier Bailhongal taluk. In the undivided Bailhongal taluk there was a Co-operative society known as Bailhongal Taluka Prathamika Sahakari Krishi Mattu Grameena Abhivrudhi Bank. After the establishment of the new taluk, the 1st petitioner herein moved an application before the Deputy Registrar of Co-operative Societies seeking permission to establish a new Co-operative Bank in the name of Kittur Taluka Prathamika Sahakari Krishi Mattu Grameena Abhivrudhi Bank. Under the provisions of the Karnataka Co-operative Societies Act (for short 'the Act'), the primary co-operative Banks are called 'Primary co-operative Agricultural Rural Development Bank', which in common parlance are known as PCARD Banks. For the sake of convenience the 2nd respondent Bank shall be hereinafter referred to as 'Kittur PCARD Bank' or 'Society' while the Bank at Bailhongal shall be referred to as 'Bailhongal PCARD Bank'. The application made by the 1st petitioner was rejected by the Deputy Registrar of Co-operative Societies. The same was challenged before this Court in W.P.No.101884/2016. The said writ petition was disposed of directing the 1st petitioner to prefer an appeal under Section 106 of the Act before the Joint Registrar of Co-operative Societies. On an appeal being preferred before the Joint Registrar, the same was allowed while setting aside the order of rejection passed by the Deputy Registrar. Consequently, the Registering Authority was directed to reconsider the application and complete the registration formalities.

(3.) In terms of Rule 3 of the Karnataka Co-operative Societies Rule, 1960 (for short 'Rules') the 1st petitioner was appointed as Chief Promoter granting permission to collect Shares from persons who are desirous of promoting the Bank. The law requires submission of application for registration along with the list of promoters. The application filed by the 1st petitioner was finally allowed and the 2nd respondent-Bank was registered on 14.08.2018, in terms of Section 7 of the Act. Section 17(1)(c) of the Act disqualifies a person who is already a member of a PCARD Bank from becoming a member of another PCARD Bank. The registering authority who issued the registration certificate has also approved the list of 325 persons as pre-registration members. The second proviso to sub-Section 4 of Section 28A requires that the first General Meeting of a society after registration shall be held within one month from the date of its registration to elect the first Board to manage the affairs of the society. Therefore, the petitioners requested the Joint Registrar to appoint a Returning Officer to complete the process of the first election by appointing Returning Officer to hold the Elections.