Case Note & Summary
The petitioner, Shirhatti Taluk Agricultural Produce Marketing Co-operative Niyamit, represented by its Chief Executive Officer, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwad. The petitioner sought a writ of certiorari to quash an order dated 25/08/2025 bearing No. DR/GDG/Appeal-01/2025-26/546 passed by the 4th respondent, the Deputy Registrar of Co-operative Societies, Gadag District. The petitioner also sought quashing of another order dated 25/08/2025 bearing No. DR/GDG/Appeal-01/2025-26/543. The respondents included the State of Karnataka, the Registrar of Co-operative Societies, the Joint Registrar of Co-operative Societies, the Deputy Registrar of Co-operative Societies, and three primary agricultural credit co-operative societies (Prathamik Krushi Pattin Sahakari Sangh Niyamit, Hullur; Balehosur; and Yalvatti). The petitioner was represented by Sri. Jagdish Patil, Advocate. The respondents were represented by Sri. Ramesh B. Chigari, AGA for R1 to R4, and Sri Pranav U. Badagi for Sri R.H. Angadi, Advocate for R5 to R7. The core legal issue was whether the Deputy Registrar had jurisdiction to entertain an appeal against the appointment of a Chief Executive Officer of a co-operative society under the Karnataka Co-operative Societies Act, 1959. The petitioner argued that the Deputy Registrar lacked jurisdiction, and the court agreed. The High Court, per Justice Suraj Govindaraj, held that the Deputy Registrar had no authority to pass the impugned order, as the appeal against the appointment of a Chief Executive Officer was not maintainable before him. Consequently, the court allowed the writ petition and quashed the order dated 25/08/2025 bearing No. DR/GDG/Appeal-01/2025-26/546 passed by the 4th respondent. The court also quashed the order dated 25/08/2025 bearing No. DR/GDG/Appeal-01/2025-26/543. The decision was in favor of the petitioner.
Headnote
A) Co-operative Law - Jurisdiction of Deputy Registrar - Appeal against appointment of Chief Executive Officer - The Deputy Registrar of Co-operative Societies has no jurisdiction to entertain an appeal against the appointment of a Chief Executive Officer of a Co-operative Society under the Karnataka Co-operative Societies Act, 1959. The impugned order dated 25/08/2025 passed by the 4th respondent was quashed as being without jurisdiction. (Para 1-3) B) Constitutional Law - Writ of Certiorari - Quashing of order without jurisdiction - The High Court under Articles 226 and 227 of the Constitution of India can issue a writ of certiorari to quash an order passed by an authority lacking jurisdiction. The petitioner sought and obtained quashing of the Deputy Registrar's order. (Para 1-3)
Issue of Consideration
Whether the Deputy Registrar of Co-operative Societies had jurisdiction to entertain an appeal against the appointment of a Chief Executive Officer of a Co-operative Society under the Karnataka Co-operative Societies Act, 1959.
Final Decision
The writ petition is allowed. The order dated 25/08/2025 bearing No. DR/GDG/Appeal-01/2025-26/546 passed by the 4th respondent is quashed. The order dated 25/08/2025 bearing No. DR/GDG/Appeal-01/2025-26/543 is also quashed.
Law Points
- Jurisdiction of Deputy Registrar under Karnataka Co-operative Societies Act
- 1959
- Maintainability of appeal against appointment of Chief Executive Officer
- Scope of writ of certiorari
