HIGH COURT OF KARNATAKA
N. V. ANJARIA, CJ, KRISHNA S DIXIT, J
MS. ROOPA M – Appellant
Versus
THE JOINT REGISTRAR CO OPERATIVE SOCIETIES by SHARADA MYSORE REGION – Respondent
| Table of Content |
|---|
| 1. challenge to election validity based on membership status. (Para 2) |
| 2. legal foundations of the membership's status. (Para 4) |
| 3. determination of jurisdiction and disqualification applicability. (Para 5) |
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
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