Case Note & Summary
The petitioners, the Bengaluru Urban Zilla Amateur Kabbadi Association (R) and its committee members, filed a writ petition challenging an order dated 23.08.2021 passed by the Deputy Registrar of Co-operative Societies, 1st Circle, Bengaluru Urban District (respondent No.2). The order appointed an administrator for the Association under Section 30 of the Karnataka Co-operative Societies Act, 1959. The petitioners contended that the Association is not a co-operative society registered under the Act, but a society registered under the Karnataka Societies Registration Act, 1960. Therefore, the Deputy Registrar had no jurisdiction to pass the order. The respondents argued that the Association is a co-operative society and the order was valid. The court examined the records and found that the Association is not registered under the Karnataka Co-operative Societies Act, 1959, and is not a co-operative society. Consequently, the Deputy Registrar acted without jurisdiction. The court quashed the order dated 23.08.2021 and allowed the writ petition. The court also disposed of the connected writ petition as infructuous.
Headnote
A) Co-operative Law - Jurisdiction of Registrar - Section 30 of Karnataka Co-operative Societies Act, 1959 - The Deputy Registrar of Co-operative Societies passed an order appointing an administrator for the Bengaluru Urban Zilla Amateur Kabbadi Association (R) under Section 30 of the Act. The court examined whether the Association is a co-operative society as defined under the Act. Held that the Association is not registered under the Act and is not a co-operative society; therefore, the Deputy Registrar had no jurisdiction to pass the order. The order was quashed as ultra vires. (Paras 1-10) B) Writ Jurisdiction - Articles 226 and 227 of Constitution of India - The petitioners challenged the order of the Deputy Registrar by filing a writ petition. The court exercised its writ jurisdiction to quash the order as it was passed without authority of law. Held that the order was a nullity and liable to be set aside. (Paras 11-15)
Issue of Consideration
Whether the Bengaluru Urban Zilla Amateur Kabbadi Association (R) is a co-operative society governed by the Karnataka Co-operative Societies Act, 1959, and whether the Deputy Registrar of Co-operative Societies had jurisdiction to appoint an administrator under Section 30 of the Act.
Final Decision
The writ petition is allowed. The order dated 23.08.2021 passed by the Deputy Registrar of Co-operative Societies, 1st Circle, Bengaluru Urban District (respondent No.2) is quashed. The connected writ petition is disposed of as infructuous.
Law Points
- Co-operative Society
- Section 30
- Karnataka Co-operative Societies Act
- 1959
- Writ Jurisdiction
- Articles 226 and 227 of Constitution of India
- Ultra Vires
- Natural Justice
