Disposed

Sri. S. Raghu v. the Principal Secretary

Karnataka HC14 Dec 2023WP/10551/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition seeking documents from a cooperative society and registrars. The Court held that relief did not arise because the representative notices requesting information were not sent by or on behalf of the petitioner.

What did the court decide?

Relief against issuance of notices not authorized by the petitioner is denied; liberty reserved for a direct request to the society.

Sri. S. Raghu Vs the Principal Secretary — Cooperative Societies | Karnataka HC (2023)

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1 - NC: 2023:KHC:45978 WP No. 10551 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 10551 OF 2020 (CS-RES)

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BETWEEN:

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SRI. S.RAGHU, S/O. H. SEENAPPA, AGED ABOUT 34 YEARS, R/AT LAKSHMIPURA VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK - 562 162.

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…PETITIONER

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(BY SRI. M. SHIVAPRAKASH, ADVOCATE)

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AND:

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THE PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATIVE STATE OF KARNATAKA, VIDHANA SOUDHA, BANGALORE - 560 001.

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE CIRCLE, BANGALORE OFFICE AT SAHAKARI BHAVANA, MALLESHWARAM, BANGALORE - 560 003.

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THE ASST. REGISTRAR OF CO-OP SOCIETIES, BANGALORE NORTH CIRCLE, SAHAKARI BHAVAN, MALLESHWARAM, BANGALORE - 560 003.

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2 - NC: 2023:KHC:45978 WP No. 10551 of 2020

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THE TAPMCS, BANGALORE NORTH TALUK, REP. BY ITS SECRETARY, OFF AT NO. 497, 1ST FLOOR, F BLOCK, 60 FEET ROAD, SAHAKARANAGARA, BANGALORE - 560 092.

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…RESPONDENTS

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(BY SRI. SIDDHARTH BABU RAO, AGA FOR R1 TO R3; SRI. RANJITH K.S., ADVOCATE FOR R4)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN RESPECT OF THE R-4 SOCIETY IN THE MATTER FOR APPROVAL OF MEMBERS AT ANNEXURE-B AND ETC., THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The present petition is filed seeking for the following

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reliefs:

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"a. Call for the entire records in respect of the Respondent No.4 Society in the matter for approval of members at Annexure-B, b. Issue Writ of Mandamus against Respondent Nos.2 to 4 to consider the representation dated 26.02.2020 at Annexure-C and representation dated 29.06.2020 at Annexure-G consequently direct the Respondent Nos.2 to 4 to issue necessary documents which have been already sought in the representation dated 26.02.2020 and 29.06.2020 at Annexure-C and G respectively. c. To grant such other relief, relief's as this Hon'ble authority deems fit and proper in the facts and circumstances of the case."

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It is the case of the Petitioner that he is an elected

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member of Respondent No.4-Society and he was constrained to

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3 - NC: 2023:KHC:45978 WP No. 10551 of 2020

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approach this Court in WP.No.4511/2020 which was disposed of by this Court vide order dated 15.06.2020 directing the Respondent Nos.3 and 5, therein i.e., the Joint Registrar as well as the Society to furnish to the Petitioner to an authenticated copy of the voters list.

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It is the contention of the Petitioner that subsequent to the said order dated 15.06.2020, by a legal notice dated 29.06.2020 the requested information was sought. It is further case of the Petitioner that the request is made in furtherance of the legal notice dated 26.02.2020 which has not been furnished. Hence, the present Writ Petition is filed.

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Learned AGA opposing the reliefs sought for in the present Writ Petition submits that under Section 19-A of the Act, the said information can be taken by a member of the Society and the request for copies made by the notice dated 29.06.2020 (Annexure-G to the Writ Petition) is not by a member.

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Having regard to the submissions made by both the learned counsels it is forthcoming that this Court vide order dated 15.06.2020 passed in WP.No.4511/2020 directed to Joint Registrar Society and the Society to furnish the voters list.

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4 - NC: 2023:KHC:45978 WP No. 10551 of 2020

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Thereafter, various documents were sought for in the legal notice dated 29.06.2020 which is in furtherance of the legal notice dated 26.02.2020.

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Every member of a Cooperative Society has access to the books, information and accounts maintained by a Cooperative Society in the regular transaction of business as specifically stipulated under Section 19 A of the Act.

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However, it is relevant to notice that in the legal notices dated 26.02.2020 and 29.06.2020, request is not made by or on behalf of the Petitioner.

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Hence, the question of granting the relief as sought for by the Petitioners in the present petition does not arise.

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However, liberty is reserved to the Petitioner to make a

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request to Respondent No.4 as well as keep the official Respondents informed of the same and if such a request is made, the same shall be considered in accordance with law, not later than three weeks from the date of receipt of such request.

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Writ Petition is disposed of accordingly.

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SD/JUDGE

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PNV - List No.: 1 Sl No.: 1 - CT:SNN

Sri. S. Raghu v. the Principal Secretary

Case brief

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Sri. S. Raghu v. the Principal Secretary

Case brief

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