Disposed

K G N Silk Kadhi Gramodyoga Sangha v. the District Registrar of Co. Operative Society

Karnataka HC2 Aug 2024WP/17946/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an endorsement withholding acknowledgement from a cooperative society. The court directed the Registrar to conclude the pending enquiry into allegations of manipulation within six months, allowing liberty to decide on the acknowledgement afterward.

What did the court decide?

Writ petition disposed; Respondent No.1 directed to conclude enquiry within six months and decide on acknowledgement withholding subject to outcome.

K G N Silk Kadhi Gramodyoga Sangha Vs the District… — Cooperative Societies | Karnataka HC (2024)

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1 - NC: 2024:KHC:30727 WP No. 17946 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE K. V. ARAVIND

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WRIT PETITION No. 17946 OF 2021 (GM-KSR)

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BETWEEN:

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K. G. N. SILK KADHI GRAMODYOGA SANGHA, A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960. HAVING ITS REGISTERED OFFICE AT KONDARAJANAHALLI, ARABIKOTHANUR, MANDAL, KOLAR TALUK, KOLAR DISTRICT-563 101. REPRESENTED BY ITS SECRETARY, SRI MOHAMMED RAFI.

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…PETITIONER

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(BY SRI R. SHASHI KUMAR, ADVOCATE)

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AND:

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Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka

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THE DISTRICT REGISTRAR OF CO-OPERATIVE SOCIETY, DISTRICT CO-OPERATIVE UNION BUILDING, KOLAR DISTRICT, KOLAR-563 101.

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SRI.MOHAMMED IRSHAD, S/O ABDUL ALI, AGED ABOUT 56 YEARS, KONDARAJANAHALLI, ARABIKOTHANUR POST, KOLAR TALUK, KOLAR DISTRICT-563 101.

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2 - NC: 2024:KHC:30727 WP No. 17946 of 2021

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SRI.MOHAMMED SHOUKATH, S/O MANSOOR AHAMED, AGED ABOUT 50 YEARS, KONDARAJANAHALLI, ARABIKOTHANUR POST, KOLAR TALUK, KOLAR DISTRICT-563 101.

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SMT.SEEMA SULTHAN, D/O BASHA SAB, AGED ABOUT 47 YEARS, KONDARAJANAHALLI, ARABIKOTHANUR POST, KOLAR TALUK, KOLAR DISTRICT-563 101.

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…RESPONDENTS

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(BY SRI S.H. RAGHAVENDRA, AGA FOR R1; SRI R. LOKESH, ADVOCATE FOR R2 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 28.07.2021 PASSED IN PROCEEDINGS BEARING No.18/1992-93 BY THE R-1 (ANNEXURE-A).

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

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The petitioner is challenging the endorsement dated 28.07.2021 issued by respondent No.1-authority. Respondents No.2 to 4 filed a complaint before respondent No.1 alleging manipulation in termination of respondents No.2 to 4 as

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3 - NC: 2024:KHC:30727 WP No. 17946 of 2021

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members of the Executive Committee. Respondent No.1 initiated enquiry. Sufficient opportunity was granted to the Secretary of the petitioner-Sangha. The petitioner participated in the enquiry and requested time to submit documents and thereafter, remained absent. In view of non-cooperation of the petitioner, enquiry was considered as closed by respondent No.1. Considering the seriousness of the allegations made by respondents No.2 to 4, respondent No.1 suspended the list of managing committee members and submitted acknowledgment on 16.03.2021.

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Sri P. Shashi Kumar, learned counsel for the petitioner submits that failure to appear before respondent No.1 was not intentional. The Secretary of the petitioner was hospitalized during the period. It is submitted that if an opportunity is granted, the petitioner would participate in the enquiry and cooperate.

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Sri S H Raghavendra, learned Additional Government Advocate appearing for respondent No.1 submits that sufficient opportunity was granted. The allegations are serious. The allegations are in relation to manipulation of list of members of

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NC: 2024:KHC:30727 WP No. 17946 of 2021

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the Executive Committee terminating respondent Nos.2 to 4 and the list of Executive Committee members has been submitted as per acknowledgement dated 16.03.2021.

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Heard learned counsel for the parties and perused the writ papers.

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The petitioner is facing serious allegation of manipulation in the list of Executive Committee members. The enquiry has been initiated on the complaint filed by respondents No.2 to 4 who are alleged to have been terminated. Respondent No.1 has extended sufficient opportunity. The same has not been availed by the petitioner. Without going into the reasons assigned for not participating in the enquiry, it is suffice to direct respondent No.1 to conclude the enquiry which is considered as closed on the complaints filed by respondents No.2 to 4.

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Accordingly, the following order;

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i) Writ petition is disposed of.

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ii) Respondent No.1 is directed to conclude the enquiry initiated on the complaint of respondents No.2 to 4.

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5 - NC: 2024:KHC:30727 WP No. 17946 of 2021

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iii) Subject to outcome of the said enquiry respondent No.1 is at liberty to decide on the endorsement withholding the acknowledgement

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dated 16.03.2021.

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iv) The said exercise shall be completed within six months.

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Sd/(K. V. ARAVIND) JUDGE

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MV, List No.: 1 Sl No.: 17

K G N Silk Kadhi Gramodyoga Sangha v. the District Registrar of Co. Operative Society

Case brief

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K G N Silk Kadhi Gramodyoga Sangha v. the District Registrar of Co. Operative Society

Case brief

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What did the court decide?

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