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2024 Supreme(Kar) 141

N. V. ANJARIA, KRISHNA S. DIXIT
Roopa M. , D/o. Sri. Mariyappa – Appellant
Versus
Joint Registrar Co-operative Societies Mysore Region, Mysore – Respondent


Advocates Appeared:
For the Appellant :Sri. Jayakumar S. Patil, Senior Advocate a/w Sri. Devi Prasad Shetty.
For the Respondents:Smt. Niloufer Akbar, AGA; Sri. D.R. Ravishankar, Senior Advocate a/w Sri. Ramesha A.E., Prof. Ravivarma Kumar, Senior Advocate a/w Sri. P. Anand.

JUDGMENT :

This appeal is directed against a learned Single Judge’s order dated 20.02.2024 whereby, appellant’s W.P.No.9744 of 2023 (CS-RES) has been dismissed. As a consequence, the Karnataka Appellate Tribunal’s order dated 13.04.2023 that had set-aside her election to the Board of 3rd respondent-Co-operative Society is sustained.

2. Learned Sr. Advocate appearing for the appellant seeks invalidation of the impugned order succinctly arguing as under :

    (a) The learned Single Judge failed to see that the subject matter of the writ petition was not a dispute relating to the election and therefore, he ought to have held that the 1st respondent-Joint Registrar had no jurisdiction to adjudicate upon the same within the parameters of section 70 of the Karnataka Co-operative Societies Act, 1959.

(b) Admittedly, appellant was a primary member of the 4th respondent-Society; although her membership had ceased during the tenure of employment, she had resigned on 18.03.2019 and on such resignation, her membership revived. Therefore, her election to the 4th respondent-Federal Society, is unassailable.

(c) The disqualification under Section 17(1)(f) of the Act is not applicable to the case of appell

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