The petitioner-cooperative bank directors challenged an order disqualifying them for five years. The Court held that as the impugned order was appealable under Section 106 of the KCS Act, the alternative remedy existed. The writ petition was dismissed.
The writ petition and all pending inter-locutary applications were dismissed.
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W.P No.63355/2016
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.63355 OF 2016 (CS-RES)
BETWEEN :
2
W.P No.63355/2016
SHIMOGA DCC BANK HOLEKOPPA BASAVANI POST TIRTHAHALLI TALUK-577 432 SHIMOGA DIST.
AND :
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.08.12.2016 PASSED BY R-2 VIDE ANNEXURE-G.
THIS WRIT PETITION, HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 01.10.2021, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:-
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ORDER
Petitioners have challenged the order No. JRB/Dispute/29-C/12/2014-15 dated December 8, 2016 (Annexure-G) passed by the JRCS1 , Bengaluru, disqualifying them from holding any Office or being a Director of Shimoga DCC Bank2 for a period of five years.
JRCS upon consideration of various charges levelled against them. The impugned order is appealable. It is settled that when an alternative and efficacious remedy is available, it is not desirable to exercise extraordinary jurisdiction under Article 226 of the
1 The Joint Registrar of Co-operative Societies, Bangalore Region - respondent No.2
2 Respondent No.3
3 Karnataka Co-operative Societies Act, 1959
W.P No.63355/2016
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Constitution of India.(See: Commissioner of Income Tax Vs. Chhabil Dass Agarwal4 )
stands dismissed . It is made clear that dismissal of this writ petition does not come in the way of petitioners seeking redressal of their grievances in the appeal.
No costs.
Sd/JUDGE
SPS
4 (2014)1 SCC 603
2 issues framed by the court
Whether the High Court can exercise extraordinary jurisdiction under Articles 226/227 when an efficacious alternative remedy under Section 106 of the KCS Act exists.
Whether the impugned order disqualifying petitioners from holding office is appealable under Section 106 of the Karnataka Co-operative Societies Act.
Colour shows how this judgement treated each authority
Commissioner of Income Tax Vs. Chhabil Dass AgarwalApplied¶40
Commissioner of Income Tax Vs. Chhabil Dass Agarwal (2014)1 SCC 603 · Who else cites this
3 provisions across 2 enactments
SRI. K.P. DUGGAPPA GOWDA AND OTHERS
STATE OF KARNATAKA
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
SHIMOGA DCC BANK
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court