Case Note & Summary
The appellant, K. Veeranna, President of JSS MVP Employees House Building Co-operative Society, filed a writ appeal against the order of a learned Single Judge dated 30/05/2019 in WP No.48949/2018. The writ petition had challenged an order dated 17/10/2017 passed by the Additional Registrar of Co-operative Societies and also challenged the validity of sub-rule (11) of Rule 14-AKK of the Karnataka Co-operative Societies Rules, 1960 as ultra vires the Karnataka Co-operative Societies Act, 1959. The appellant was represented by Sri. D.R. Ravishankar and Sri. Bharath Keshvamurthy. The respondents included the State of Karnataka, the Additional Registrar, the Marketing Officer, the Society itself, and several directors. The learned Single Judge had dismissed the writ petition. In the appeal, the Division Bench heard the learned Advocate General on behalf of the State. The court examined the rule-making power under Section 128A of the Act and found that sub-rule (11) was within the scope of that power. The rule required prior approval of the Registrar for removal of office bearers, which was not inconsistent with any provision of the Act. The court held that the rule was valid and intra vires. Consequently, the writ appeal was dismissed, upholding the order of the learned Single Judge.
Headnote
A) Co-operative Law - Validity of Rules - Ultra Vires - Rule 14-AKK(11) of Karnataka Co-operative Societies Rules, 1960 - Section 128A of Karnataka Co-operative Societies Act, 1959 - The appellant challenged sub-rule (11) requiring prior approval of the Registrar for removal of office bearers as ultra vires the Act. The court held that the rule is within the rule-making power under Section 128A and is not inconsistent with the Act. The rule is valid and intra vires. (Paras 2-4)
Issue of Consideration
Whether sub-rule (11) of Rule 14-AKK of the Karnataka Co-operative Societies Rules, 1960 is ultra vires the provisions of the Karnataka Co-operative Societies Act, 1959?
Final Decision
The writ appeal is dismissed. The order of the learned Single Judge dated 30/05/2019 in WP No.48949/2018 is upheld. Sub-rule (11) of Rule 14-AKK of the Karnataka Co-operative Societies Rules, 1960 is held to be valid and intra vires the Karnataka Co-operative Societies Act, 1959.
Law Points
- Validity of delegated legislation
- Ultra vires doctrine
- Rule 14-AKK(11) of Karnataka Co-operative Societies Rules
- 1960
- Section 128A of Karnataka Co-operative Societies Act
- 1959
- Power of Registrar to approve removal of office bearers
Case Details
2019 LawText (KAR) (07) 29
Writ Appeal No.1760 of 2019 (CS-EL-M)
Abhay S. Oka, Chief Justice, H.T. Narendra Prasad, Justice
D.R. Ravishankar, Bharath Keshvamurthy for Appellant; Uday Holla (Advocate General), S.H. Prashanth for R1 & R2; Jayakumar S Patil, Devi Prasad Shetty for R5 to R12
State of Karnataka & Others
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Nature of Litigation
Writ appeal challenging the order of a learned Single Judge dismissing a writ petition that challenged the validity of a rule under the Karnataka Co-operative Societies Rules, 1960.
Remedy Sought
The appellant sought to set aside the order of the learned Single Judge dated 30/05/2019 in WP No.48949/2018 and to declare sub-rule (11) of Rule 14-AKK as ultra vires the Act.
Filing Reason
The appellant challenged an order dated 17/10/2017 passed by the Additional Registrar of Co-operative Societies and the validity of sub-rule (11) of Rule 14-AKK of the Karnataka Co-operative Societies Rules, 1960.
Previous Decisions
The learned Single Judge dismissed the writ petition on 30/05/2019.
Issues
Whether sub-rule (11) of Rule 14-AKK of the Karnataka Co-operative Societies Rules, 1960 is ultra vires the Karnataka Co-operative Societies Act, 1959?
Submissions/Arguments
The appellant argued that sub-rule (11) of Rule 14-AKK is ultra vires the provisions of the Karnataka Co-operative Societies Act, 1959.
The Advocate General argued on behalf of the State Government supporting the validity of the rule.
Ratio Decidendi
Sub-rule (11) of Rule 14-AKK of the Karnataka Co-operative Societies Rules, 1960 is within the rule-making power conferred by Section 128A of the Karnataka Co-operative Societies Act, 1959 and is not inconsistent with any provision of the Act. Therefore, the rule is valid and intra vires.
Judgment Excerpts
The challenge was to the validity of sub-rule (11) of Rule 14-AKK of Karnataka Co-operative Societies Rules, 1960 on the ground that sub-rule (11) is ultra vires the provisions of the Karnataka Co-operative Societies Act, 1959.
We have heard the learned Advocate General on behalf of the State Government.
Procedural History
The appellant filed a writ petition (WP No.48949/2018) before the High Court of Karnataka challenging an order dated 17/10/2017 of the Additional Registrar of Co-operative Societies and the validity of sub-rule (11) of Rule 14-AKK of the Karnataka Co-operative Societies Rules, 1960. The learned Single Judge dismissed the writ petition on 30/05/2019. The appellant then filed the present writ appeal under Section 4 of the Karnataka High Court Act. The Division Bench heard the appeal and dismissed it on 10/07/2019.
Acts & Sections
- Karnataka Co-operative Societies Act, 1959: Section 128A
- Karnataka Co-operative Societies Rules, 1960: Rule 14-AKK(11)
