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SURAJ GOVINDARAJ
T. N. Shivaraju S/o Late H Nanjappa – Appellant
Versus
State Of Karnataka Department Urban Development – Respondent
ORDER :
1. The petitioner is before this Court seeking for the following reliefs:
ii. To pass such other writ, order or direction as this Hon’ble Court deems fit under the circumstances of the case.
2. The grievance of the petitioner is that a Special Officer has been appointed in respect of respondent No.4-Society without waiting for 15 days period prescribed under Section 29(B) of the Karnataka Cooperative societies ACT, 1959 (for short ‘KCS ACT’).
3. Sri. Devi Prasad Shetty., learned counsel for the petitioner, submits that on 6.3.2023, five directors had submitted their resignation, and there being no quorum, respondent No.2 exercised powers Under subsection (1) of Section 31 and appointed a Special Officer. He submits that the power to appoint a Special Officer under subsection (1) of Section 31 has to be made only if the requirement under Section 29(B) is fulfilled. Without such fulfilment, no power under sub-section (1) of Section 31 can be exercised. Out of the five directors who had submitte
Section 29B of KCS Act is reproduced resignation of member of a board or office-bearer of a Co-operative Society.
Resignation letters submitted under the Karnataka Co-operative Societies Act, 1959 cannot be withdrawn after 15 days; hence, any claims based on late withdrawals are not sustainable.
The main legal point established in the judgment is that under the Karnataka Co-operative Societies Act, elections are required only for the vacancies created by the resignations of directors, as int....
A Civil Suit would be maintainable unless expressly barred by any other law. Disputes touching the constitution, management, or the business of a cooperative society are to be referred to the Registr....
Section 29-C of the Karnataka Co-operative Societies Act applies to individual misconduct, not collective board decisions; thus, disqualifying directors for collective actions is improper.
The main legal point established in the judgment is the validity of the appointment of a Board of Administrators for a Co-operative Society under the West Bengal Co-operative Societies Act, 2006.
The appointment of an administrator does not equate to the supersession of a Board, and actions taken prior to such appointment remain valid; votes cast under these circumstances must be counted, sub....
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