The court has the authority to set aside an impugned order and remit the matter back to the first respondent with a direction to dispose off the main proceedings in accordance with law.

JUDGMENT/ORDER

1. In this petition, the petitioner has sought for the following prayer and the interim prayer:

" PRAYER

A writ in the nature of Certiorari or any other writ, Setting-aside the Order on I.A. Under Sec. 71(3) of the Karnataka Co-Operative Societies Act dtd.: 7/6/2022 passed by the 1st respondent.

INTERIM PRAYER

a) Stay the further proceeding of the Dispute No.01/2022-23 on the file of the 1st Respondent i.e., the Assistant Registrar of CoOperative Society at Chamarajanagara at Annexure-A.

b) Stay the operation of the impugned resolution dtd.: 7/4/2022 passed by the Respondent No.2 to 13 at Annexure-B and permits the petitioner to continue as Chief Executive Officer."

2. Heard learned counsel for the petitioner, learned High Court Government Pleader for respondent Nos.1 and 16 and learned counsel for respondent Nos.2 to 13 and 15. Perused the material on record.

3. The undisputed material on record discloses that aggrieved by the impugned Resolution dtd. 7/4/2022 passed by respondent Nos.2 to 13, the petitioner raised a dispute before the first respondent - the Assistant Registrar of Co-Operative Society (ARCS). In the said dispute, the petitioner filed an application seeking stay of the impugned Resolution dtd. 7/4/2022. The said application for stay having been taken up by the first respondent - ARCS on 7/6/2022, the same was rejected by the first respondent by passing the impugned order, which is assailed by the petitioner in the present petition.

4. In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their claims, having regard to the specific assertion on the part of the petitioner that the impugned order dtd. 7/6/2022 passed by the first respondent - ARCS rejecting the application for stay filed by the petitioner was passed without hearing the petitioner nor providing sufficient opportunity to him, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order dtd. 7/6/2022 and remit the matter back to the first respondent - ARCS with a direction to dispose off the main proceedings themselves in accordance with law after providing sufficient and reasonable opportunity to all the parties as expeditiously as possible at any rate within a period of three [3] months from the date of receipt of a copy of this order.

It is further directed that till the disposal of the proceedings by the first respondent - ARCS as stated supra, the interim order passed in the present petition by this Court on 10/8/2022 will continue to remain in force and be operative between the parties.