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2013 DIGILAW 976 (KAR)

B. R. Pundareekaksha v. Additional Registrar of Co-Operative Societies (H and M), Bangalore

2013-08-23

B.S.PATIL

body2013
ORDER B.S. Patil, J. 1. The matter lies in a short compass. Hence, the same is taken up for final disposal. It is unnecessary to notify respondents 3 and 4 at this stage because no adverse order is passed against their interest. Learned Additional Government Advocate takes notice for respondents 1 and 2. 2. This writ petition is filed challenging the order dated 26-4-2013 passed by the 2nd respondent-Joint Registrar of Co-operative Societies vide Annexure-G disqualifying the petitioner from the post of Director of the Managing Committee of the 3rd respondent-Co-operative Society under Section 29-Cof the Karnataka Co-operative Societies Act, 1959 (for short, 'the Act'). This order is passed based on the findings recorded in the enquiry conducted under Section 64 of the Act and the order passed under Section 68 of the Act. Aggrieved by this order, the petitioner has preferred an appeal before the Additional Registrar of Co-operative Societies, Bangalore, in Appeal No. 4/2013-2014. The said appeal has come up before the Additional Registrar on several occasions. Though both the parties have been served and although the petitioner has pressed for an interim order, the Additional Registrar has not passed any order on the application filed seeking interim stay of the order passed by the Joint Registrar of Co-operative Societies disqualifying the petitioner from the post held by him. It is in this background, the petitioner has rushed to this Court, particularly because of the meeting notice dated 16-8-2013 issued by the Secretary of the 3rd respondent-Society vide Annexure-L convening the meeting of the Board of Directors of the 3rd respondent-Society, wherein one of the important subjects for discussion is mentioned as filling up of the vacant post of the Director of the Society by co-option. 3. The apprehension of the petitioner is that because of the delay in considering the application for grant of stay in the appeal filed before the Additional Registrar of Co-operative Societies, vacancy created in the post of Director on account of disqualification of the petitioner would be filled up pursuant to the meeting notice issued on 16-8-2013 thereby rendering the whole appeal infructuous and that if an interim order is subsequently granted, the petitioner will not be in a position to discharge his duties as a Director. 4. 4. It is contended by the learned Counsel for the petitioner that the enquiry conducted under Section64 of the Act and the findings recorded by the Enquiry Officer and the order passed under Section 68of the Act have been set aside in respect of several employees including the petitioners in the connected proceedings as evident from Annexure-C and therefore, the Appellate Authority ought to have granted an interim order of stay of the impugned order passed by the Joint Registrar of Co-operative Societies who has proceeded on the basis of the enquiry conducted under Section 64 of the Act and the order passed under Section 68 of the Act. 5. Learned Additional Government Advocate points out that the relief sought in this writ petition is to quash Annexure-G order which is already the subject-matter of the appeal before the Additional Registrar, hence, such a relief cannot be granted. He also points out that steps will be taken to expeditiously dispose of the application filed seeking grant of interim stay by the Additional Registrar. In the light of the above, the only appropriate order that can be passed in this case is to direct the Additional Registrar to dispose of the application for stay filed in Appeal No. 4/2013-2014 by the petitioner challenging the order dated 26-4-2013 passed by the Joint Registrar of Co-operative Societies as expeditiously as possible, at any rate, on the next date of hearing scheduled on 31-8-2013. If, for any reason, on the next date of hearing i.e. 31-8-2013, the application cannot be considered, the same shall be disposed of within a period of two weeks from today. Till the disposal of the appeal, the vacancy that has arisen on account of disqualification of the petitioner shall not be filled up. Writ Petition is accordingly disposed of. Learned Additional Government Advocate is permitted to file memo of appearance within three weeks from today. A copy of this order shall be furnished to the Additional Government Advocate and the Counsel for the petitioner.