SRI SIDDESHWARA HOUSING CO-OPERATIVE SOCIETY LTD. , BIJAPUR v. ASHOK LINGANAGOUDA PATIL
2002-06-11
CHANDRASHEKARAIAH
body2002
DigiLaw.ai
CHANDRASHEKARAIAH, J. ( 1 ) BY the Court. These two writ petitions have been field by the Society registered under the Karnataka Co-operative Societies Act (for short "the Act" ). The facts of the case are :"respondents No. 1 and 2 filed applications to the petitioner society to admit them as members of the society. The said applications were returned objecting that they are not in the proper from. As against this communication respondents-1 and 2 preferred appeals before the 3rd respondent under Section 105-A of the Act, the Asstt. Registrar allowed the appeals declaring that respondents 1 and 2 are admitted as members of the society under Section 16 (6) of the Act. These orders have been challenged by the petitioner in these petitions. " ( 2 ) SRI Ashok R. Kalyan Shetty, learned counsel for the petitioner submits that Section. 16 (6) of the Act, has no application to the facts of this case, as there is no notification as required under sub-section (5) of Section 16 and therefore, the impugned orders are liable to be quashed. Under the Scheme of the Act, if any application is filed by an individual seeking admission as a member of the society, the Society may either admit or reject the application. If no communication is received by the applicant the application is deemed to have been rejected. Under sub-section (5) of Section 16 the State Government, may by notification specify certain classes of societies for the purpose Of admission of ah individual as a member. Pursuant to the said notification, if any individual makes an application for admission as a member he is deemed to have been admitted as an associate member of such co-operative society from the date of the receipt of the application. Under sub-section (6) of Section 16 of the Act, if the Society does not, within 60 days from the said date, prefer an application to the Registrar objecting to such admission, such individual shall be deemed to have been admitted as a member. In the instant case as stated earlier there is no notification under sub-section (5) of Section 16 of the Act. by the State Government specifying the class of societies for admission of associate member and therefore sub-section (6) has no application. Under these circumstances, the order passed by the Asstt.
In the instant case as stated earlier there is no notification under sub-section (5) of Section 16 of the Act. by the State Government specifying the class of societies for admission of associate member and therefore sub-section (6) has no application. Under these circumstances, the order passed by the Asstt. Registrar, admitting respondents 1 and 2 as members under Section 16 (6) of the Act, is without the authority of law. ( 3 ) IN the result, I pass the following order : writ petitions are allowed; the impugned orders dated 9. 11. 1998 (Annexures C and D) are quashed. Petitions allowed. --- *** --- .