A writ petition challenging the Joint Registrar's order allowing an appeal by an existing credit society and setting aside permission to form another society of NWKRTC employees. The court upheld the prohibition under clause 8 of a 1994 Government order and dismissed the petition.
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.
NC: 2024:KHC-D:16700 WP No. 105848 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.105848 OF 2014 (CS-RES)
BETWEEN:
BALASAHEB S/O. AMENSAHEB MUKKERI, AGE: 46 YEARS, CHIEF PROMOTER, N W K R T C STAFF AND WORKERS CO-OP CREDIT SOCIETY, NIYAMIT CHIKKODI, AT: CHIKKODI, DIST: BELAGAVI.
…PETITIONER
(BY SRI AHAMED ALI RAHIMAN SHAH, ADVOCATE)
AND:
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka
NC: 2024:KHC-D:16700 WP No. 105848 of 2014
…RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R4; SRI SHIVARAJ P. MUDHOL, ADVOCATE FOR C/R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING IMPUGNED ORDER DATED 28.04.2014 FOLLOWED BY AMENDED ORDER DATED 24.05.2014, PASSED BY THE JOINT REGISTRAR BELAGAVI IN APPEAL NO.JRL/ B/DAP/ 05/ 2013-14, VIDE ANNEXURE-A & A1. ISSUE WRIT OF MANDAMUS DIRECTING RESPONDENTS NO.2 TO SUPERSEDE THE RESPONDENT NO.5 SOCIETY FOR THE ACT OF DELIBERATE NOT ACCEPTING MEMBERSHIP FROM INTERESTED PERSONS AND MIS-MANAGEMENT AND CONSEQUENTLY TO APPOINT ADMINISTRATOR. ALTERNATIVELY ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.5 TO GIVE MEMBERSHIP TO THE MEMBERS OF PETITIONER SOCIETY AND ETC.,
THIS WRIT PETITION, COMING ON FOR FURTHER SUBMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
NC: 2024:KHC-D:16700 WP No. 105848 of 2014
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present writ petition is field seeking for the following
reliefs:
“WHEREFORE for the grounds stated above it is most humbly prayed before this Hon'ble Court to
a) Issue Writ of Certiorari quashing impugned order dated 28/04/2014 followed by amended order dated 24/05/2014, passed by the Joint Registrar Belgaum in Appeal No JRL/DAP/05/2013-14, Vide Annexure-A & A1.
b) Issue Writ of Mandamus directing respondents No 2 to supersede the respondent No 5 society for the act of deliberate not accepting membership from interested persons and mis-management and consequently to appoint administrator.
c) Alternatively Issue a Writ of Mandamus directing respondent No 5 to give membership to the members of petitioner society.
d) Issue such other writ or direction as this Hon'ble Court deems fit to serve the ends of justice and equity.
e) Award cost's.”
writ petition are that respondent No.5 is a Society registered under the provisions of Karnataka Co-operative Societies Act, 19591 in the year 2007. The employees of the North-West Karnataka Road Transport Corporation2 were eligible to become
1 Hereinafter referred as to “Act”
2 Hereinafter referred as to “NWKRTC”
its members and the area of operation consists of five taluks in Belgaum district namely Athani, Chikkodi, Gokak, Hukkeri, and Raibhag. The said society is a credit cooperative society.
petitioner vide order dated 21.10.2013 (Annexure-D) was set aside. Being aggrieved the present writ petition is field.
Ali Rahiman Shah, for the petitioner, learned HCGP for the Official respondent Nos.1 to 4 and learned counsel Sri. Shivaraj P. Mudhol, for respondent No.5. Perused the records.
“ 8. £ËPg À g À ¥ À wÛ£ À ¸ À º À PÁg À ¸ À AW À U À ¼ À £ À Äß £ À ÆÃAz É t À ª  iÁq À ĪÁU À MAz À Ä ¸ À A¸ À ÜU É , É MAzP À ÆÌ º À Z É ÄÑ £ËP À g À g À ¸ À º À PÁg À ¸ À AW À U À ¼ À Ä Eg À z À Av À £ É ÆÃrP É Æ¼ É î¨ À ÃP É Ä. Ai À iÁª À À PÁgÀtPÀÆÌ MAzÀÄ ¸ÀA¸ÉÜUÉ MAzÀPÀÆÌ ºÉaÑ£À ¸ÀAWÀªÀ£ÀÄß £ÉÆÃAzÁ¬Ä¸À¨ÁgÀzÀÄ.”
vide the said Government order dated 02.02.1994 that there is a prohibition for establishing two societies consisting of the employees of the same establishment. Respondent No.4 / Joint Registrar, considering the same, allowed the appeal filed by respondent No.5.
parte order of stay was granted on 11.11.2013 by the appellate authority which was vacated. Being aggrieved respondent No.5 preferred WP.No.101637/2014. This Court, vide its order dated 03.02.2014 allowed the said writ petition. Vide the said order, the Co-ordinate Bench of this Court has continued the said interim order dated 11.11.2013 during the pendency of the appeal by placing reliance on clause 8 of the circular dated 02.02.1994.
rightly considered the relevant aspect of the matter and passed the orders dated 28.04.2014 and 24.05.2014.
Sd/(C.M. POONACHA) JUDGE
PNV/CT-ASC List No.: 1 Sl No.: 26
1 issue framed by the court
Whether the Joint Registrar's appellate order setting aside permission to establish a second co-operative credit society of NWKRTC employees was sustainable in view of clause 8 of the Government order
2 provisions across 2 enactments
Balasaheb S/o. Amensaheb Mukkeri
The State of Karnataka
The Registrar of Co-operative Society, Bangalore
The Deputy Registrar of Co-operative Society, Belagavi
The Joint Registrar of Co-operative Societies, Belagavi
N W K R T C Employees Co-op Credit Society, Chikkodi
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
