BHARATHI Vs. REGISTRAR OF CO OP SOCIETIES

JUDGEMENT

(1.) All the above petitions are disposed of by the following common order as the questions of law raised and the facts are similar. For the purpose of convenience, the facts stated in W.P.24193 to 24198 of 1981 are taken and followed.

(2.) In these batch of writ petitions, the petitioners have made a common grievance of certain events to which a brief reference will be made later in the course of the order, and have sought for the following reliefs :

(3.) From the above, it is seen that the bye-law amended proposing or providing for nominal membership as evidenced by Annexure-A was not approved for the reasons stated in the order extracted above. The bye-law, therefore, has not become effective. Therefore, the need for issuing a writ of mandamus as per relief No.1 prayed by the petitioners does not arise because the Registrar has performed his statutory obligation of registering or not registering the bye-laws as amended for the reasons given by him. That refusal of registration may be right or may be wrong. But in terms of Section 106(l)(b) of the Kar- nataka Co-operative Societies Act, the refusal is appealable order and person aggrieved, viz., the co-operative society has a right of appeal which it has not exercised. Against the refusal, it cannot be said that the persons who claim to be the members of the 4th respondent- Society have a right to seek a writ of mandamus in this Court. It is only misconceived prayer and this Court cannot grant the petitioners the first of the reliefs they have prayed for.