Case Note & Summary
The petitioners, directors of The Air Craft Employees House Building Co-operative Societies Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 26.03.2025 passed by the Joint Registrar of Co-operative Societies (Respondent No.2). The impugned order appointed Sri. Hameed Ullah Khan, a Co-operative Development Officer, as the Authorised Officer to conduct elections of the society. The petitioners contended that the Joint Registrar lacked jurisdiction to make such an appointment under Section 30(1) of the Karnataka Co-operative Societies Act, 1959, as the power to appoint an Authorised Officer for elections could not be delegated to an officer below the rank of Assistant Registrar. The court, after hearing the Senior Advocate for the petitioners and the Additional Government Advocate for the respondents, examined the provisions of the Act. The court found that the Registrar's power under Section 30(1) is limited and does not extend to appointing an officer of the rank of Co-operative Development Officer for election duties. The court held that the impugned order was without jurisdiction and therefore illegal and arbitrary. Consequently, the court allowed the writ petition, quashed the order dated 26.03.2025, and dispensed with notice to respondents No.3, 4, and 5 in view of the proposed order.
Headnote
A) Cooperative Law - Election - Appointment of Authorised Officer - Section 30(1) of the Karnataka Co-operative Societies Act, 1959 - The Joint Registrar appointed an Authorised Officer for conducting elections of the society. The court held that the Registrar has no power to delegate the conduct of elections to an officer below the rank of Assistant Registrar, and the impugned order was without jurisdiction. (Paras 1-5) B) Constitutional Law - Writ of Certiorari - Jurisdictional Error - Articles 226 and 227 of the Constitution of India - The petitioners sought quashing of the order appointing the Authorised Officer. The court allowed the petition, quashing the order as illegal and arbitrary, holding that the Joint Registrar exceeded his jurisdiction. (Paras 1-5)
Issue of Consideration
Whether the Joint Registrar of Co-operative Societies had the jurisdiction to appoint an Authorised Officer for conducting elections of a cooperative society under Section 30(1) of the Karnataka Co-operative Societies Act, 1959, and whether such appointment was valid.
Final Decision
The writ petition is allowed. The order dated 26.03.2025 passed by the Joint Registrar of Co-operative Societies (Respondent No.2) in No. JRB/Chunavane/Avishwasa Nirnaya/204/2024-25 is quashed. Notice to respondents No.3, 4, and 5 is dispensed with.
Law Points
- Jurisdiction of Registrar under Karnataka Co-operative Societies Act
- 1959
- Section 30(1) delegation
- Appointment of Authorised Officer for election
- Writ of Certiorari
- Natural justice
