Case Note & Summary
The petitioner, Munireddy Reddy, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, seeking a writ of certiorari to quash an order dated 30.12.2023 passed by the Registrar of Cooperative Societies (Respondent No. 2) in Complaint No. SAM.SA-145/NI/BGU-0132/2023-24. The petitioner is a member of Mahayogi Vemana Sourdha Patina Sahakari Sangha Niyamitha (Respondent No. 3), a society registered under the Karnataka Souhardha Sahakari Act, 1997. The dispute pertained to certain internal affairs of the society. The Registrar of Cooperative Societies, purporting to act under the Karnataka Souhardha Sahakari Act, 1997, passed an order without jurisdiction, as the Act provides for a separate dispute resolution mechanism under Section 70, which mandates that disputes be referred to arbitration. Additionally, the impugned order was passed without affording an opportunity of hearing to the petitioner, violating the principles of natural justice. The respondents, including the Registrar and the directors of the society, opposed the petition, arguing that the petitioner had an alternative remedy. The High Court held that the Registrar lacked jurisdiction to entertain the complaint and that the order was in violation of natural justice. The court quashed the impugned order and allowed the writ petition, emphasizing that the existence of an alternative remedy does not bar the exercise of writ jurisdiction when the order is patently without jurisdiction or in violation of natural justice.
Headnote
A) Cooperative Law - Jurisdiction of Registrar - Section 70 of Karnataka Souhardha Sahakari Act, 1997 - The Registrar of Cooperative Societies has no jurisdiction to adjudicate disputes arising under the Karnataka Souhardha Sahakari Act, 1997, as the Act provides for a separate dispute resolution mechanism under Section 70, which requires disputes to be referred to arbitration. The impugned order passed by the Registrar is without jurisdiction and liable to be quashed. (Paras 1-3) B) Natural Justice - Violation of Principles - The impugned order was passed without affording an opportunity of hearing to the petitioner, thereby violating the principles of natural justice. The order is unsustainable on this ground as well. (Paras 1-3) C) Writ Jurisdiction - Alternative Remedy - The existence of an alternative remedy does not bar the High Court from exercising its writ jurisdiction under Articles 226 and 227 of the Constitution of India when the order is patently without jurisdiction or in violation of natural justice. (Paras 1-3)
Issue of Consideration
Whether the Registrar of Cooperative Societies has jurisdiction to entertain a complaint under the Karnataka Souhardha Sahakari Act, 1997, and whether the impugned order dated 30.12.2023 is sustainable in law.
Final Decision
The High Court allowed the writ petition, quashed the impugned order dated 30.12.2023 passed by the Registrar of Cooperative Societies, and held that the Registrar lacked jurisdiction and the order violated natural justice.
Law Points
- Jurisdiction of Registrar under Karnataka Souhardha Sahakari Act
- 1997
- Natural Justice
- Alternative remedy
- Writ jurisdiction under Articles 226 and 227
