Point of Law: It is trite law that where a party despite knowledge of defect in jurisdiction of an Authority, participates in proceedings without any kind of objection by its conduct it disentitles itself from raising such question in subsequent proceeding.

JUDGMENT :

1. This intra court appeal emanates from an order dated 17.11.2021 passed by Learned Single Judge by which writ petition preferred by the appellant has been dismissed and order dated 14.10.2020 passed by Joint Registrar, Co-operative Societies disqualifying the appellant from continuing in any post in District Central Co-operative Bank, Shimogga (hereinafter referred to as 'the DCC' for short) has been upheld.

2. Facts giving rise to filing of this appeal briefly stated are that appellant is an elected Director and President of DCC, Shimogga. The appellant was disqualified by an order dated 14.07.2020 passed by Joint Registrar, Cooperative Societies, Bengaluru. The said order was challenged by the appellant in a writ petition viz., W.P.No.8891/2020 inter alia on the ground that it is a product of unfair procedure followed by Joint Registrar, Cooperative Societies, Bengaluru. At the time of hearing of the petition, learned Advocate General stated that the order of disqualification be set aside and the matter be remitted to any of the four joint registrars mentioned in the memo. Learned Senior Counsel for the appellant stated before the Learned Single Judge that the Learned Single Judge may in its discretion choose any one of the four joint registrar's and the matter be remitted. In the light of aforesaid submission, the Learned Single Judge by an order dated 14.08.2020 set aside the order of disqualification of the appellant dated 14.07.2020 and directed that an enquiry shall be conducted by the Joint Registrar, Cooperative Societies and Managing Director of DCC, Chitradurga within six weeks. All contentions of the parties were kept open.

3. The said order was challenged in an appeal by the appellant viz., W.A.No.459/2020, which was disposed of by an order 22.09.2020. However, the direction pertaining to fresh enquiry by Joint Registrar, Cooperative Societies, (hereinafter referred to as 'JRCS' for short) Chitradurga was upheld. After remand, the JRCS, Chitradurga by an order dated 14.10.2020 disqualified the appellant from continuing on any post in the DCC Bank for a period of five years. Pursuant to the aforesaid order, the State Cooperative Election Authority passed a consequential order on 20.10.2020.

4. The appellant challenged the aforesaid order in a writ petition before the Learned Single Judge. The Learned Single Judge by an order dated 17.11.2021 inter alia held that appellant did not raise the issue with regard to jurisdiction of JRCS, Chitradurga, either before the Learned Single Judge or before the division bench in the earlier round of litigation. It was further held that the appellant was sitting on the fence and waiting for the outcome of the enquiry and by his conduct has disentitled himself to make grievance with regard to jurisdiction of JRCS, Chitradurga to pass an order of disqualification in this writ petition. It was also held that raising the issue of jurisdiction after having participated in the proceeding amounts to abuse of the process and judicial estoppel is a part of doctrine of equitable estoppel. The Learned Single Judge opined that the appellant has a remedy of an appeal under Section 106(1)(d-2) of the Karnataka Cooperative Societies Act, 1959 (hereinafter referred to as 'the Act' for short). Accordingly, the writ petition preferred by the appellant was dismissed. However, liberty was reserved to the appellant to avail of the alternate remedy. In the aforesaid factual background, this appeal has been filed.

5. Learned Senior Counsel for the appellant while inviting the attention of this court to the orders dated 14.08.2020 and judgment dated 22.09.2020 passed in W.P.No.8891/2020 and W.A.No.459/2020 respectively submitted that the appellant had not given any consent for remanding the matter to JRCS, Chitradurga. It is further submitted that JRCS, Chitradurga is not a Joint Registrar for the purposes of the Act as no notification under Section 2-A(5) of the Act has been issued in his fa