Allowed

Karnataka Krushi Sangha v. the District Registrar

Karnataka HC12 Jun 2024WP/75237/2013

Case brief

AI extract

What is this about?

The High Court quashed an order passed by the Deputy Registrar setting aside a society's resolution removing a member's membership. The Court held that the Deputy Registrar lacked jurisdiction to conduct an enquiry under Section 25 of the Karnataka Societies Registration Act, 1960, as the District Registrar was the competent authority. Furthermore, removal from primary membership does not fall und

What did the court decide?

Impugned order dated 03.12.2012 passed by Respondent No.2 quashed.

Karnataka Krushi Sangha Vs the District Registrar — Cooperative Societies | Karnataka HC (2024)

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- 1 - NC: 2024:KHC-D:7879 WP No. 75237 of 2013

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12^TH DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 75237 OF 2013 (GM-KSR)

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BETWEEN:

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KARNATAKA KRUSHI SANGHA DHARWAD REPRESENTED BY ITS MANAGING DIRECTOR.

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…PETITIONER

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(BY SRI. S.B. HEBBALLI, ADVOCATE)

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AND:

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THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, DHARWAD.

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ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH

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THE REGISTRAR OF SOCIETIES & THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, DHARWAD.

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S.S. SHIVALLI, AGE: MAJOR, OCC: SOCIAL WORKER, GULAGANJIKOPPA, DHARWAD.

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…RESPONDENTS

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(BY SRI. V.S. KALASURMATH, HCGP FOR R1 & R2; SRI. CHETAN T. LIMBIKAI, ADV. FOR SRI. PRAKASH S. UDIKERI, ADV. FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER PASSED BY THE RESPONDENT NO.2 DATED: 03/12/2012 IN NO.DRZ/SANGHA/

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2 - NC: 2024:KHC-D:7879 WP No. 75237 of 2013

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VICHARANE/12-13/1494. THE COPY OF WHICH IS PRODUCED HEREIN AS PER ANNEXURE-E.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed by the Society registered under

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the provisions of Karnataka Societies Registration Act, 1960 (for short ‘Act, 1960’) assailing the order dated 03.12.2012 vide Annexure - E passed by respondent No.2, who has set-aside the resolution of the Society, wherein respondent No.3 is removed from membership.

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Heard learned counsel appearing for the petitioner

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and learned counsel appearing for respondent No.3 and learned HCGP appearing for respondent Nos.1 and 2.

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Learned counsel appearing for the petitioner assailing the order passed by respondent No.2 under Section 25 of the Act, 1960 has raised two primary objections. Firstly, he would point out that respondent No.2 – Deputy Registrar lacks Authority to pass the impugned order under Section 25 of the Act, 1960.

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3 - NC: 2024:KHC-D:7879 WP No. 75237 of 2013

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Referring to the Notification, he would point out that in Dharwad District, the District Registrar, Registration and Stamps Department is the competent Authority to hold an enquiry under Section 25 of the Act, 1960. The second limb of arguments canvassed by the learned counsel appearing for the petitioner is that removal of respondent No.3 from primary membership does not call for an enquiry under Section 25 of the Act, 1960 and the remedy, if any, for respondent No.3 to approach the Civil Court for redressal to redress his grievance.

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This proposition is supported by the learned HCGP. He would also point out that respondent No.2, who is the Deputy Registrar of Co-operative Societies, lacks competency to hold an enquiry under Section 25 of the Act, 1960. He would point out that he is not an authorized Officer to hold an enquiry under Section 25 of the Act insofar as Dharwad district is concerned.

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4 - NC: 2024:KHC-D:7879 WP No. 75237 of 2013

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However, learned counsel appearing for

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respondent No.3 has vehemently argued and contended that respondent No.2 has jurisdiction and removal of membership of respondent No.3 can be examined under Section 25 of the Act, 1960.

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Having examined the records, this Court is not inclined to accede to the arguments advanced by the learned counsel appearing for respondent No.3.

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The action of petitioner – Society, which is registered under the Karnataka Societies Registration Act, in removing respondent No.3 from membership cannot be adjudicated under Section 25 of the Act, 1960. The Registrar on his own motion can hold an enquiry relating to constitution, working and financial condition of the registered Societies. The removal of primary membership cannot be examined by the Deputy Registrar under Section 25 of the Act, 1960.

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5 - NC: 2024:KHC-D:7879 WP No. 75237 of 2013

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Respondent No.3 ought to have approached the competent Civil Court seeking redressal of his removal. The order under challenge is liable to be quashed on two counts. Firstly, petitioner – Society lacks competency to hold an enquiry under Section 25 of the Act, 1960. Therefore, the impugned order under challenge is one without jurisdiction and same is liable to be quashed. Secondly, removal of respondent No.1 from membership could not have been examined under Section 25 of the Act, 1960.

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For the foregoing reasons, this Court proceeds to pass the following;

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ORDER

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(i) The writ petition is hereby allowed.

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(ii) The impugned order dated 03.12.2012 passed by respondent No.2 in No.DRZ/Sangha/ Vicharane/12-13/1494 as per Annexure – E is hereby quashed.

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6 - NC: 2024:KHC-D:7879 WP No. 75237 of 2013

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(iii) Respondent No.3 is hereby relegated to seek redressal of his grievance by approaching competent Civil Court in accordance with law.

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(iv) It is made clear that respondent No.3 can institute a suit pursuant to the order passed by this Court. (v) All contentions are kept open.

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(vi) Pending applications, if any, are also disposed off.

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Sd/JUDGE

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NBM

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List No.: 1 Sl No.: 53

Karnataka Krushi Sangha v. the District Registrar

Case brief

What is this about?

What did the court decide?

Karnataka Krushi Sangha v. the District Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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