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1990 Supreme(Kar) 325

G.P.SHIVAPRAKASH, M.RAMA JOIS
MUSLIM CO-OPERATIVE BANK LTD – Appellant
Versus
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES – Respondent


Advocates:
T.N.RAGHUPATHY

( 1 ) IN this writ petition presented under Article 226 of the Constitution by the Muslim Co-operative Bank Limited, New Sayyaji Rao Road, Mysore, the following question of law arises for consideration

( 2 ) WHETHER an order directing the holding of an inquiry into the affairs of a Co-operative Society instituted by the Registrar pursuant to a complaint made by one of the members of the Society is violative of Section 64 of the Karnataka Co-operative Societies Act, 1959 (The Act for short)

( 3 ) THE brief facts of the case are these : the petitioner Bank is a co-operative society registered and functioning under the provisions of the Act. An inquiry into certain allegations regarding the working of the society leveled in writing by one of its members has been ordered by the 2nd respondent ---Deputy Registrar of Co-operative Societies, under Section 64 of the Act. Sub-sections (1) and (2) of Section 64 of the Act which are relevant to this case read:"64. Inquiry by Registrar.- (1) The Registrar may, of his own motion, by himself or by a person authorised by him, by order in writing, hold an inquiry into (any matter specified in the order touching) the constitution, working and financi











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