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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
C. Ramaiah, S/o. Chikkanna – Appellant
Versus
State Of Karnataka, Department Of Co-Operation, Rep By Its Principal Secretary – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to disqualification order. (Para 1 , 2 , 3) |
| 2. overview of proceedings and counsel submissions. (Para 4 , 7) |
| 3. arguments regarding the lack of reasoning in orders. (Para 5 , 6 , 8) |
| 4. writ petition allowed; orders quashed. (Para 9) |
ORDER :
ASHOK S. KINAGI, J.
The petitioner has filed this petition seeking the following reliefs:
1) Issue a writ in the nature of certiorari quashing Annexure-C, JRB/DAAVAA/29-C/05/2020-2021, the orders dated 07.04.2021, passed by the 3rd respondent and orders dated 26.08.2022 passed in Appeal No.AANI(VA. & E)/D-2/DAP/11/2021- 22, by the respondent No.2, as per Annexure-D; and
2) pass such other incidental or consequential relief as the circumstances of the case warrants in the ends of the justice.
2. Brief facts, leading rise to the filing of this writ petition are as follows :
The previous term of the Board of Management to respondent No.5 Karnataka Government Class D Employees House Building Co-operative Society having come to an end on 25.01.2020, and new elections have been conducted for the period from 25.01.2020 to 24.01.2025. A new Board came to be constituted by 13 directors and assumed charge as Board of Direct
The court ruled that decisions lacking reasoned justification and not adhering to natural justice principles are arbitrary, warranting annulment and re-evaluation of the case.
Section 29-C of the Karnataka Co-operative Societies Act applies to individual misconduct, not collective board decisions; thus, disqualifying directors for collective actions is improper.
Directors of a co-operative society are disqualified from voting and continuing in office if they admit to not fulfilling minimum service requirements as per the society's bylaws.
A member of a co-operative society remains disqualified for defaulting on dues at the time of election, even if the dues are cleared subsequently.
The main legal point established in the judgment is that an order under Section 76B(2) of the Gujarat Co-operative Societies Act, 1961 cannot be passed without first issuing a notice for breach of Se....
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