The court established that in matters involving administrative disqualification of co-operative society officials, the appellate authority is mandatorily required to consider and dispose of interlocutory applications for stay as expeditiously as possible to avoid undue hardship to the aggrieved parties.

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 4/5/2026, BEARING NO:drm/c-5/section 30/cr-/2026-27, PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-Q, AND ALL FURTHER PROCEEDINGS IN PURSUANT THEREOF AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

1. Petitioners were directors and office bearers of respondent no.5-Society. On the ground that they have committed certain irregularities, they have been sought to be disqualified under Section 29C(8) of the Karnataka Co-operative Societies Act, 1959. In this regard, an order dated 04.05.2026 (Annexure-Q to the writ petition) is passed by respondent no.3. Aggrieved by the same, the petitioners have preferred an appeal before respondent no.2 and the same is said to be numbered as JRM/DAP/3/2026-27. On the ground that the said appeal is not taken up for hearing and the interlocutory application filed by the petitioners for stay of the operation of the order passed by respondent no.3 vide Annexure-Q to the writ petition is not considered so far, the present writ petition is filed.

2. In the course of arguments, Sri. Jayakumar S.Patil, learned Senior counsel appearing for the petitioners also fairly submits that, the petitioners would be satisfied if a direction is issued to respondent no.2 to consider their appeal and also the interlocutory application filed by them in accordance with law as expeditiously as possible.

3. Learned AGA has no objection for the same.

4. Hence, the following:

ORDER

(i) Respondent no.2 is directed to dispose of the interlocutory application filed by the petitioners in appeal No.JRM/DAP/3/2026-27 within a period of 15 days from the date of receipt of certified copy of this order;

(ii) Further, respondent no.2 is also directed to dispose of the main appeal as expeditiously as possible;

(iii) It is hereby made clear that no opinion is expressed on the merits of the case and respondent no.2 shall decide the issue based upon the pleadings and evidence let in before it;

(iv) The writ petition stands disposed of accordingly.