Akthar Mateen S/o Late Jaffer Hussan v. Deputy Registrar of Co-operative Societies Mysore
2017-11-20
S.N.SATYANARAYANA
body2017
DigiLaw.ai
ORDER : The petitioner herein was appellant in DRM/Dispute/C-7/Appeal/07-2015-16 on the file of first respondent herein. Admittedly, the said appeal is filed by him impugning the order, dated 09.10.2015 passed by the second respondent in SaNe43/Dispute/29C/03-2015-16 dated 09.10.2015, wherein the petitioner herein is disqualified to hold the post of Director of third respondent Society. The order of disqualification passed against him by the second respondent was the subject-matter of challenge before the first respondent in Appeal No.7/2015 which came to be dismissed by order dated 02.05.2016. 2. As against the concurrent finding, this writ petition is filed only on the ground that opportunity was not provided to him before disqualifying him in exercise of Section 29C of the Karnataka Co-operative Societies Act, 1959 and further ground is that atleast in the appeal an opportunity should have been given to him either to reconsider the same on merits or providing him an opportunity to go back to the Court of second respondent and to place his objections with reference to the accusations or allegations made against him, which is not considered. 3. Heard learned counsel for the petitioner as well as the contesting fourth respondent, who is the complainant, at whose instance the proceeding is commenced and also learned Additional Government Advocate for respondent Nos. 1 and 2. 4. On going through the orders impugned, it is clearly seen that an opportunity is not provided to the petitioner herein while deciding the proceedings in No. SaNe43/Dispute/29C/03-2015-16 by second respondent on the basis of accusations/allegations made against the petitioner by fourth respondent herein which mistake is again reiterated by the appellate authority. 5. In that view of the matter, the order impugned passed by the first and the second respondents herein are set aside and the matter is remanded back to the second respondent to hold fresh inquiry by giving sufficient opportunity to the petitioner herein to put forth his defence against the accusations and allegations made against him. 6. With these observations, the writ petition is disposed of. 7. It is made clear that in the remanded order, within six months, appropriate orders will have to be passed after giving sufficient opportunity to all the parties concerned.