Case Note & Summary
The petitioners, K. Gopal Krishna Bhat, Shambunumbudari, and Ram Kumar Hebbar, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 21/22.2.2014 passed by the Joint Registrar of Co-operative Societies, Mysore. The endorsement declined to entertain a dispute raised by the petitioners under Section 70 of the Karnataka Co-operative Societies Act, 1959. The petitioners were members of the Dakshina Kannada Krishikara Maarata Sangha Niyamita, a co-operative society. They sought to raise a dispute concerning the affairs of the society. The Joint Registrar, without affording any hearing to the petitioners, issued the impugned endorsement rejecting the dispute. The petitioners argued that the order was passed in violation of principles of natural justice, specifically the right to be heard (audi alteram partem). The respondents included the Joint Registrar, the co-operative society, a builder company, and other individuals. The High Court, after hearing the counsel for the petitioners and the respondents, observed that the Joint Registrar's order was quasi-judicial in nature and therefore required compliance with natural justice. The court noted that the endorsement was made without any opportunity of hearing to the petitioners, which was a clear violation of the principles of natural justice. Consequently, the court quashed the impugned endorsement and remitted the matter back to the Joint Registrar for fresh consideration, directing that the petitioners be heard before any order is passed. The writ petitions were allowed accordingly.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Section 70 of the Karnataka Co-operative Societies Act, 1959 - The Joint Registrar declined to entertain a dispute under Section 70 without hearing the petitioners. The High Court held that such an order, being quasi-judicial, must comply with principles of natural justice. The impugned endorsement was quashed and the matter remitted for fresh consideration after hearing the petitioners. (Para 1-2) B) Co-operative Law - Dispute Resolution - Section 70 of the Karnataka Co-operative Societies Act, 1959 - The petitioners raised a dispute under Section 70 regarding the affairs of a co-operative society. The Joint Registrar rejected it via endorsement without hearing. The court held that the Registrar must hear the parties before passing any order under Section 70. (Para 1-2)
Issue of Consideration
Whether the Joint Registrar of Co-operative Societies could decline to entertain a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959 without affording a hearing to the petitioners.
Final Decision
The writ petitions are allowed. The impugned endorsement dated 21/22.2.2014 at Annexure-A is quashed. The matter is remitted to the Joint Registrar of Co-operative Societies, Mysore, for fresh consideration in accordance with law, after affording an opportunity of hearing to the petitioners.
Law Points
- Natural Justice
- Audi Alteram Partem
- Section 70 Karnataka Co-operative Societies Act 1959
- Writ Jurisdiction under Articles 226 and 227 of Constitution of India
