Case Note & Summary
The petitioner, K. Bhoopal, a Director of the Aircraft Employees Co-operative Society, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. He sought to quash an order dated 21.10.2017 passed by the Joint Registrar of Co-operative Societies, Bengaluru, in Dispute No. JRB/Dava/29(c)/01/2017-18, which disqualified him from holding the office of Director for a period of five years under Section 29(c)(8)(b)(c) and (d) of the Karnataka Co-operative Societies Act, 1959. He also challenged the notice dated 5.4.2017 issued in the same proceedings. The respondent, represented by the Additional Government Advocate, raised a preliminary objection that the order impugned is appealable under Section 106 of the Act, and therefore the writ petition was not maintainable. The learned Senior Counsel for the petitioner argued that the petitioner had an apprehension that the appellate authority would not consider the matter on merits. The court, after hearing both sides, held that the existence of a statutory alternative remedy under Section 106 of the Act bars the maintainability of the writ petition. The court dismissed the petition, granting liberty to the petitioner to file an appeal before the appropriate authority within a period of four weeks from the date of the order. The court directed that if such an appeal is filed, the appellate authority shall consider the same on its merits without being influenced by the dismissal of the writ petition.
Headnote
A) Constitutional Law - Alternative Remedy - Maintainability of Writ Petition - Availability of Statutory Appeal - The petitioner challenged an order of disqualification passed under Section 29-C of the Karnataka Co-operative Societies Act, 1959. The respondent raised a preliminary objection that an appeal lies under Section 106 of the Act. The court held that the writ petition is not maintainable in view of the alternative remedy and dismissed the petition with liberty to file an appeal. (Paras 3-5)
Issue of Consideration
Whether a writ petition under Articles 226 and 227 of the Constitution is maintainable when a statutory appeal is available under Section 106 of the Karnataka Co-operative Societies Act, 1959.
Final Decision
The writ petition is dismissed as not maintainable in view of the alternative remedy of appeal under Section 106 of the Karnataka Co-operative Societies Act, 1959. The petitioner is granted liberty to file an appeal before the appropriate authority within a period of four weeks from the date of the order. If such an appeal is filed, the appellate authority shall consider the same on its merits without being influenced by the dismissal of the writ petition.
Law Points
- Alternative remedy
- maintainability of writ petition
- availability of statutory appeal
- Section 106 of Karnataka Co-operative Societies Act
- 1959
Case Details
2017 LawText (KAR) (11) 10
Writ Petition No.48378 of 2017 (CS-RES)
Sri Jayakumar S. Patil (Senior Counsel for petitioner), Sri Bipin Hegde (Advocate for petitioner), Sri Lakshminarayan (AGA for respondent)
Joint Registrar of Co-operative Societies, Bengaluru Region
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of disqualification passed by the Joint Registrar of Co-operative Societies.
Remedy Sought
Quashing of the order dated 21.10.2017 and notice dated 5.4.2017 passed by the respondent.
Filing Reason
The petitioner was disqualified from holding the office of Director for five years under Section 29-C of the Karnataka Co-operative Societies Act, 1959.
Previous Decisions
The order dated 21.10.2017 was passed by the Joint Registrar of Co-operative Societies in Dispute No. JRB/Dava/29(c)/01/2017-18.
Issues
Whether the writ petition is maintainable in view of the availability of an alternative remedy of appeal under Section 106 of the Karnataka Co-operative Societies Act, 1959.
Submissions/Arguments
The respondent argued that the order impugned is appealable under Section 106 of the Act, and therefore the writ petition is not maintainable.
The petitioner argued that there was an apprehension that the appellate authority would not consider the matter on merits.
Ratio Decidendi
A writ petition under Articles 226 and 227 of the Constitution is not maintainable when a statutory alternative remedy of appeal is available under the relevant Act, unless exceptional circumstances are shown. The mere apprehension that the appellate authority may not consider the matter on merits does not constitute such an exceptional circumstance.
Judgment Excerpts
The learned Additional Government Advocate would bring to the notice of this Court that the order impugned is appealable under Section 106 of the Act. Therefore, the present writ petition is not maintainable.
In the circumstances, the writ petition is dismissed as not maintainable in view of the alternative remedy available to the petitioner under Section 106 of the Act.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka challenging an order dated 21.10.2017 passed by the Joint Registrar of Co-operative Societies, Bengaluru, disqualifying him from holding the office of Director for five years under Section 29-C of the Karnataka Co-operative Societies Act, 1959. The respondent raised a preliminary objection regarding maintainability due to the availability of an appeal under Section 106 of the Act. The court heard both sides and dismissed the petition on 9.11.2017, granting liberty to file an appeal within four weeks.
Acts & Sections
- Karnataka Co-operative Societies Act, 1959: Section 29-C, Section 29(c)(8)(b)(c) and (d), Section 106
- Constitution of India: Articles 226, 227
