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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Indian Co-Operative Credit Society Ltd. – Appellant
Versus
Central Registrar Of Co-Operative Societies The Office Of The Central Registrar Of Co-Operative Socieiteis Ministry Of Agriculture And Farmers Welfare, Department Of Agriculture, Co-Operation And Farmers Welfare Krishi Bhavan, New Delhi – Respondent
ORDER :
Ashok S. Kinagi, J.
The petitioners have filed this petition seeking the following reliefs:
"i) Issue a writ of certiorari or any other appropriate writ quashing Order bearing No.L.11015/4/1994-L & M dated 26.09.2017 issued by the Central Registrar of Cooperative Societies by respondent No.1 produced as Annexure-F;
ii) Issue a writ of certiorari or any other appropriate writ quashing Order bearing No.L- 11014/67/2017-L & M dated 25.05.2018 issued by the Appellate Authority respondent No.2, produced as Annexure-H;
iii) Issue a writ of mandamus or any other appropriate writ directing the respondent No.1 to register the amendments to the bye-laws of the petitioner No.1 as per the application dated 31.10.2016 produced as Annexure-D;
(iv) Award costs of the petition; and
(v) Pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.”
2. Brief facts leading rise to the filing of this writ petition are as follows:
Petitioner No.1 is registered Society under the provisions of Multi-State Co-operative Societies Act, 2002 (for short ‘the MSCS Act, 2002’) as a Multi State Co- operative Society on 20.08.1998. On 28.0
Amendment applications under cooperative law must be considered in light of previous legal decisions quashing winding-up proceedings, ensuring compliance with governance requirements.
Members of a cooperative society must be given an opportunity to voice objections to proposed amendments to bye-laws, ensuring procedural fairness in governance.
The Registrar's disapproval of the AGM/Election was arbitrary and lacked proper reasoning, violating the principles of natural justice.
The main legal point established in the judgment is the violation of the petitioner's fundamental right to participate in the election process due to the inconsistency between Bye-law 24(viii) and Se....
Appointment of a one man committee is only as an interim measure for convening meeting and holding election.
The court established that the Administrator Committee cannot initiate amendments to bye-laws, which is the exclusive function of the Managing Committee, but the petition was dismissed due to alterna....
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