Petitioners sought to quash the registration certificate of a cooperative society after their membership applications were rejected. The Court held that they had not exhausted their statutory remedy under the Karnataka Cooperative Societies Act, 1959.
Writ petition dismissed; liberty reserved to approach the Appellate Authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2021 BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.2925 OF 2021 (CS-RES)
BETWEEN :
PANCHAVALLI POST
PIRIYAPATTANA TALUK
MYSURU DISTRICT-571 107
S/O. BYREGOWDA
AGED ABOUT 26 YEARS
ITTAGAHALLI VILLAGE
PANCHAVALLI POST
KASABA HOBLI
PIRIYAPATTANA TALUK
MYSURU DISTRICT-571 107 …PETITIONERS
(BY SHRI. T.B. SANDESH, ADVOCATE)
AND :
2
(BY SMT. NILOUFER AKBAR, AGA FOR R1; SHRI. G.V. SHASHIKUMAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REGISTRATION ORDER DATED 08.01.2021 IN REGISTRATION REGISTERED BY THE R-3 VIDE ANNEXURE-K.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
Heard Shri. T.B. Sandesh, learned Advocate for petitioners, Smt. Niloufer Akbar, learned AGA for State and Shri. G.V. Shashikumar, learned Advocate for second respondent.
4
membership is refused, petitioners can file an appeal under
Section 105-A of the Act.
without exhausting the remedy of appeal. Therefore, this
writ petition is dismissed, reserving liberty to approach the Appellate Authority.
No costs.
Sd/JUDGE
SPS
2 issues framed by the court
Whether the High Court was justified in dismissing the writ petition seeking quashing of the society's registration certificate on merits before the petitioner exhausted statutory remedies.
Whether the Constitution of Karnataka Cooperative Societies Act, 1959 provides an internal appeal mechanism for refusal of membership.
3 provisions across 2 enactments
HARISH
KUMARA
THE STATE OF KARNATAKA
THE CO-OPERATIVE ELECTION AUTHORITY
THE ASSISTANT REGISTRAR
THE CO-OPERATIVE DEVELOPMENT OFFICER
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
