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1975 Supreme(Kar) 72

VENKATACHALAIAH
CHANNE GOWDA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.B.MANDAPPA, K.MALLEGOWDA, M.PAPANNA, M.PUTTASWAMY

( 1 ) THE petitioners in this writ petition have questioned the correctness of the order passed by the Asst Registrar of Cooperative Societies, Ramanagaram in MIS. DISF. No. 9 of 1973-74 on his file, holding that he had no jurisdiction to enquire into the validity of an election to thei Committee of a Co-operative Society under S. 70 of the Karnataka Co-operative Societies act, 1959 (hereinafter referred to as the 'act' ).

( 2 ) THE ground on which the Asst Registrar of Co-operative Societies declined to investigate into the election dispute was that the Karnataka co-operative Appellate Tribunal had heid in an appeal before it that disputes relating to election to the Committee of Co-operatve Societies could not be decided under S. 70 of the. Act. The Tribunal in rejecting the election petition depended upon a decision of this Court in Hayat Beig v. Munivenkle Gowda, (1872) 1 Myslj. 121, in which a Division Bench of this Court had held that a Munsiff functioning under Rule 17 of the Karnataka Village panchayat (Election of Chairman and Vice-Chairman) Rules, 1969, could not set aside the election to the office of the Chairman in the absence of any statutory provision laying down the













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