Writ petition challenging an internal coercive disclosure report order of a cooperative society dismissed as the petitioner was not a member and the respondent registrar passed the order on merits despite petitioner's absence.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.6460 OF 2023 (CS-RES)
BETWEEN:
…PETITIONER
(BY SRI KIRAN KUMAR D.K., ADVOCATE)
AND:
BENGALURU-560 001.
Digitally signed by H K HEMA Location: High Court of Karnataka
NC: 2023:KHC:33478 WP No. 6460 of 2023
DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110.
…RESPONDENTS
(BY SRI SIDHARTH, AGA FOR R.1 TO R.2; SRI PATIL KALYAN RAO SHANKER, ADVOCATE FOR C/R.3.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI AND QUASH THE ORDER DATED 15.03.2022 PASSED IN DISPUTE NO.DRB-4/SOR/139/2020-21, PASSED BY THE R.2 VIDE ANNEXURE-E AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
be recalled. The said requests have been rejected on the ground that once the order is passed, respondent No.2 cannot recall the same (Annexures-'H' and 'L' to the writ petition). Aggrieved by the same, the present writ petition is filed.
hereby dismissed .
SD/JUDGE
VMB
1 issue framed by the court
Whether a writ petition filed by a non-member alleging misconduct by a cooperative society president should be allowed despite the existence of an internal disciplinary order.
1 provisions across 1 enactments
Sri H.R. Thimmiah
The State of Karnataka Department of Cooperative Societies
The Deputy Registrar of Cooperative Societies & District Registrar of Societies 4th Zone
The President Nirmithi Kendra
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
