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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIBHU BAKHRU, C.M.POONACHA
Anitha Prasad, W/o. Dr. J. Prasad – Appellant
Versus
State Of Karnataka, Represented By Its Secretary, Department Of Co-operative Societies – Respondent
| Table of Content |
|---|
| 1. writ petition filed against order appointing administrator. (Para 1 , 2 , 3 , 4 , 5) |
| 2. misuse of suo motu powers when personal disputes involved. (Para 6 , 7) |
| 3. court affirms lower court's decision upon review. (Para 8 , 12 , 13) |
| 4. appointment of administrator must consider public interest. (Para 9 , 10) |
| 5. appeal dismissed; ongoing investigations remain unaffected. (Para 14) |
JUDGMENT :
C.M. POONACHA, J.
1. The present appeal is filed impugning an order dated 25.09.2024 (impugned order). Vide the impugned order, the learned Single Judge has disposed of the subject writ petition (being WP No.20332/2018) along with a batch of other connected writ petitions.
2. The subject writ petition was filed by respondent No.5 - society (the writ petitioner), wherein the appellant (Mrs Anitha Prasad) was arrayed as respondent No.4. The subject writ petition was filed impugning an order dated 04.05.2018 passed by respondent No.1-State appointing an Administrator to writ petitioner-society; enquiry report dated 08.01.2018. The writ petition was subsequently amended to also include the orders dated 07.12.2018 and 22.04.2019 extending the appointment of the Administrator.
3. The relevant
The exercise of suo motu powers by the District Registrar must be justified by public interest, not personal disputes, particularly when appointing an Administrator under the Karnataka Societies Regi....
The State Government may recommend the appointment of any officer as Administrator of a co-operative society, including senior officers, to facilitate effective elections, provided they have jurisdic....
The court emphasized that inquiries under Section 25 must reflect the Registrar's independent reasoning, not merely follow complaints from less than 1/3rd of society members.
The Registrar's orders for removal of officers from a Cooperative Society were quashed due to lack of jurisdiction and failure to consider ongoing arbitration, emphasizing the necessity of due proces....
A society's governing body's term is strictly limited to three years; any extension requires new elections rather than relying on financial year definitions, emphasizing the importance of statutory c....
The court upheld the Single Judge's decision, emphasizing the importance of judicial review in administrative actions and the need for civil courts to resolve disputes between factions in a registere....
Due process under the Kerala Co-operative Societies Act requires notice and hearing prior to appointing a new Enquiry Officer after an adverse report.
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