Case Note & Summary
The petitioner, Sri H.K. Gopalakrishna, a member of the Karnataka Postal and Telecom Employees Housing Co-operative Society Ltd. (respondent No.4), filed a writ petition under Article 226 of the Constitution of India seeking a mandamus against the Registrar of Co-operative Societies (respondent No.1) and other authorities. The petitioner alleged irregularities in the management of the society and submitted representations dated 29.07.2013, 03.10.2013, 14.11.2013, and 18.11.2013 to the Registrar, Additional Registrar, and Joint Registrar of Co-operative Societies, requesting them to take action. However, the authorities failed to consider or dispose of these representations. The petitioner also sought a direction not to settle the retirement benefits of respondent No.2 (Additional Registrar) and for consequential reliefs. The court noted that the Registrar, being a statutory authority under the Karnataka Co-operative Societies Act, 1959, has a duty to consider representations made by members of co-operative societies. The court observed that the non-consideration of the petitioner's representations amounted to a failure to exercise statutory power. The court allowed the writ petition in part, directing respondents No.2 and 3 (Additional Registrar and Joint Registrar) to consider the petitioner's representations dated 29.07.2013, 03.10.2013, and 14.11.2013, and pass appropriate orders within four weeks from the date of receipt of the order. The court clarified that it had not expressed any opinion on the merits of the representations and that the authorities should pass orders in accordance with law. The petition was disposed of accordingly.
Headnote
A) Constitutional Law - Writ of Mandamus - Statutory Duty - Article 226 of the Constitution of India - The petitioner, a member of a co-operative society, sought a writ of mandamus directing the Registrar to consider his representations regarding alleged irregularities. The court held that the Registrar, being a statutory authority, has a duty to consider representations made by members and pass appropriate orders. Failure to do so warrants issuance of a writ of mandamus. (Paras 1-4) B) Co-operative Societies - Registrar's Powers - Representation - Karnataka Co-operative Societies Act, 1959 - The petitioner submitted multiple representations to the Registrar regarding irregularities in the society's management. The court directed the Registrar to consider the representations and pass orders within a specified time, as the Registrar has supervisory powers under the Act. (Paras 2-4)
Issue of Consideration
Whether the Registrar of Co-operative Societies is bound to consider and dispose of representations made by a member of a co-operative society regarding alleged irregularities in the society's management.
Final Decision
The writ petition is allowed in part. Respondents No.2 and 3 are directed to consider the petitioner's representations dated 29.07.2013, 03.10.2013, and 14.11.2013, and pass appropriate orders within four weeks from the date of receipt of the order. The court clarified that it has not expressed any opinion on the merits of the representations and that the authorities shall pass orders in accordance with law.
Law Points
- Mandamus
- Statutory Duty
- Co-operative Societies
- Representation
- Consideration
