Case Note & Summary
The petitioner, Prathamik Krushi Pattin Sahakari Sangh Niyamit, Tekkalkote, an existing co-operative society registered under the Karnataka Co-operative Societies Act, 1959, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench. The petitioner challenged the order dated 16.03.2022 passed by respondent No.2 (Additional Registrar of Co-operative Societies) granting permission for the establishment and registration of a new co-operative society, with respondent No.6 as the Chief Promoter, in the same village of Tekkalkote, Siruguppa Taluk, Ballari District. The petitioner contended that the permission was illegal and against the provisions of the Act and its bye-laws, as it would affect its business. The respondents, including the State of Karnataka and the Registrar, opposed the petition, arguing that the permission was granted after due inquiry and in accordance with law. The court examined the provisions of the Karnataka Co-operative Societies Act, 1959 and found no statutory bar preventing the registration of a new society merely because an existing society operates in the same area. The court held that the petitioner had no locus standi to object to the registration of a new society, as the Act does not confer any right on an existing society to veto the registration of another society. The court also noted that the petitioner's bye-laws did not prohibit the registration of another society. Consequently, the court dismissed the writ petition, upholding the impugned order.
Headnote
A) Co-operative Law - Registration of New Society - Locus Standi - Petitioner, an existing co-operative society, challenged permission granted to respondent No.6 for registration of a new society in the same village - Court held that the petitioner has no locus standi to object as there is no provision in the Karnataka Co-operative Societies Act, 1959 barring registration of a new society merely because an existing society operates in the same area - The permission was granted after due inquiry and in accordance with law - Petition dismissed (Paras 1-6).
Issue of Consideration
Whether an existing co-operative society can challenge the grant of permission for registration of a new co-operative society in the same area under the Karnataka Co-operative Societies Act, 1959.
Final Decision
The High Court dismissed the writ petition, upholding the order dated 16.03.2022 granting permission for registration of the new co-operative society.
Law Points
- Registration of co-operative society
- permission for new society
- locus standi of existing society
- no bar under Act
- no violation of bye-laws
Case Details
2022 LawText (KAR) (09) 6
Writ Petition No. 101731 of 2022 (CS-RES)
Sadiq N. Goodwala (for petitioner), Vinayak Kulkarni (AGA for R1 to R5), Gangadhar J. M. (for R6)
Prathamik Krushi Pattin Sahakari Sangh Niyamit, Tekkalkote
State of Karnataka, Additional Registrar of Co-operative Societies, Joint Registrar of Co-operative Societies, Deputy Registrar of Co-operative Societies, Assistant Registrar of Co-operative Societies, J. Basavaraj
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order granting permission for registration of a new co-operative society.
Remedy Sought
Petitioner sought a writ of certiorari to quash the order dated 16.03.2022 passed by respondent No.2 granting permission for registration of a new co-operative society.
Filing Reason
Petitioner, an existing co-operative society, was aggrieved by the grant of permission for a new society in the same area, alleging it was illegal and against the Act and its bye-laws.
Issues
Whether the petitioner has locus standi to challenge the permission for registration of a new co-operative society.
Whether the impugned order granting permission is illegal or contrary to the Karnataka Co-operative Societies Act, 1959.
Submissions/Arguments
Petitioner argued that the permission for a new society in the same area is illegal and against the provisions of the Act and its bye-laws.
Respondents argued that the permission was granted after due inquiry and in accordance with law, and the petitioner has no locus standi to object.
Ratio Decidendi
An existing co-operative society has no locus standi to challenge the registration of a new co-operative society in the same area, as the Karnataka Co-operative Societies Act, 1959 does not contain any provision barring such registration. The permission granted after due inquiry is valid.
Judgment Excerpts
Aggrieved by the permission being granted for establishment and registration of a Co-operative Society of which respondent No.6 is the Chief Promoter in Siruguppa Tq, Tekkalkote Village, in spite of the petitioner Co-operative Society being registered and operating in the same place, the instant writ petition is filed.
The case of the petitioner is that, it is a society registered under the provision of the Karnataka Co-operative Societies Act, 1959.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, challenging the order dated 16.03.2022 passed by respondent No.2. The court heard the matter and delivered judgment on 03.09.2022.
Acts & Sections
- Karnataka Co-operative Societies Act, 1959:
- Constitution of India: Articles 226, 227
