CHANNABASANAGOUDA DYAVANAGOUDA PATIL v. ASST. REGISTRAR OF CO-OP SOCIETIES, SAVANUR
1989-01-16
H.G.BALAKRISHNA
body1989
DigiLaw.ai
BALAKRISHNA, J. ( 1 ) THE grievance of the petitioner is that the 1st respondent has set aside the law and passed the impugned order dated 17-11-1987 (Annexure D ). The prayer of the petitioner is to set aside the impugned order and to restore the law. ( 2 ) THE only point for consideration in this writ petition is whether the impugned order deserves to be quashed for improper exercise of power by the 1st respondent. ( 3 ) THOUGH the fact is that the petitioner was a defaulter only in respect of the 2nd respondent society, the 1st respondent has passed the impugned order removing the petitioner from the committee of respondents-3 and 4 societies. Respondent-3 society is of taluk level whereas respondent-4 society is of sub-taluk level. The other infirmities which are patent on the face of the record are that the 1st respondent is empowered to act under Section 126a of the Karnataka Co-operative Societies Act, 1959, only in respect of sub-taluk level society. But, in the instant case, he has exercised a power which is not vested in him by acting under Section 1 26a of the act in respect of respondent-3 society which is a taluk level society. Besides transgressing his jurisdiction, the 1st respondent has not only removed the petitioner from the Committee of respondents-3 and 4 societies, but also disabled him from holding office or exercising functions and powers in any other society. This is a clear case of executive excess. The 1st respondent has firstly committed the error of exercising a jurisdiction which is not vested in him ; secondly he has committed an error in issuing a composite notice and passing a composite order and thirdly he has committed the gross error of removing the petitioner from respondents-3 and 4 societies in respect of which the petitioner is not a defaulter at all. Hence, this writ petition deserves to be allowed without a second thought on the face of the errors apparent on the face of the record. ( 4 ) IN the result, for the reasons stated above, rule is issued and made absolute. The writ petition is allowed and the impugned order is quashed. Writ petition allowed. --- *** --- .