Case Note & Summary
The petitioners, who are directors of the Town Cooperative Society Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 06/03/2023 passed by the Deputy Registrar of Cooperative Societies (respondent No.3) appointing a Special Officer to conduct elections of the society. The petitioners contended that the impugned order was passed without issuing any notice or affording an opportunity of hearing to the Board of Directors, thereby violating the principles of natural justice. The respondents, represented by the Government Advocate, did not seriously contest the petition. The Court, after hearing the counsel, observed that the appointment of a Special Officer without notice to the Board of Directors is unsustainable in law as it infringes the right to be heard. Consequently, the Court allowed the writ petition, quashed the impugned order, and directed the respondents to issue notice to the petitioners and hear them before proceeding with the appointment of a Special Officer or taking any further action.
Headnote
A) Cooperative Law - Appointment of Special Officer - Principles of Natural Justice - The Deputy Registrar of Cooperative Societies appointed a Special Officer to conduct elections of the Town Cooperative Society Ltd. without issuing any notice or hearing to the Board of Directors. The Court held that such an appointment without notice violates the principles of natural justice, specifically the rule of audi alteram partem, and is liable to be quashed. (Paras 1-6) B) Constitutional Law - Writ of Certiorari - Quashing of Administrative Order - The High Court, exercising jurisdiction under Articles 226 and 227 of the Constitution of India, quashed the order appointing the Special Officer as it was passed in violation of natural justice. The Court directed the respondents to issue notice to the petitioners and hear them before proceeding further. (Paras 5-6)
Issue of Consideration
Whether the appointment of a Special Officer by the Deputy Registrar of Cooperative Societies without issuing notice to the Board of Directors of the Cooperative Society is valid and sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 06/03/2023 passed by the Deputy Registrar of Cooperative Societies is quashed. The respondents are directed to issue notice to the petitioners and hear them before proceeding with the appointment of a Special Officer or taking any further action.
Law Points
- Principles of natural justice
- audi alteram partem
- right to be heard
- appointment of special officer under Karnataka Cooperative Societies Act
- 1959
- writ of certiorari
