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2024 Supreme(Online)(KAR) 18446

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


Advocates:
For the Appellants/Petitioners: SRI. JAYAKUMAR S PATIL, SRI. DEVI PRASAD SHETTY
For the Respondents: SMT. NILOUFER AKBAR, SRI. D R RAVISHANKAR, SRI. RAMESHA A E, PROF. RAVIVARMA KUMAR, SRI. P ANAND

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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