Case Note & Summary
The petitioner, Bilur Gurubasava Credit Co-operative Society Ltd., Bagalkot, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 25.06.2013 issued by the Registrar of Co-operative Societies (respondent No.2). By the impugned endorsement, the Registrar directed the Additional Registrar of Co-operative Societies to visit the petitioner-society and examine allegations made by respondent No.4, Lingaraj H. Mashal. The petitioner contended that this endorsement was inconsistent with an earlier order dated 05.11.2012 passed by the Registrar, which had directed an enquiry under Section 64 of the Karnataka Co-operative Societies Act, 1959 into the same allegations. In a connected writ petition (No. 72643/2012), this Court had already directed implementation of the earlier order. The court noted that the earlier order for enquiry was already being implemented as per the direction in the connected petition. The impugned endorsement, which directed a visit instead of an enquiry, was found to be inconsistent and without legal basis. The court allowed the writ petition, quashed the impugned endorsement, and directed the respondents to implement the earlier order dated 05.11.2012 for an enquiry under Section 64 of the Act.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Quashing of Endorsement - The petitioner-society challenged an endorsement directing a visit to examine allegations. The court found that a prior order for enquiry under Section 64 of the Karnataka Co-operative Societies Act, 1959 was already directed to be implemented in another writ petition. Held that the impugned endorsement was inconsistent and set aside, directing implementation of the earlier order (Paras 1-4).
Issue of Consideration
Whether the impugned endorsement dated 25.06.2013 directing a visit to the petitioner-society is valid when a prior order dated 05.11.2012 for an enquiry under Section 64 of the Karnataka Co-operative Societies Act, 1959 was already directed to be implemented by this Court in another writ petition.
Final Decision
The writ petition is allowed. The impugned endorsement dated 25.06.2013 (Annexure-D) is quashed. The respondents are directed to implement the earlier order dated 05.11.2012 passed by the Registrar of Co-operative Societies for an enquiry under Section 64 of the Karnataka Co-operative Societies Act, 1959 into the allegations made by respondent No.4 against the petitioner-society.
Law Points
- Writ jurisdiction under Articles 226 and 227 of the Constitution of India
- Co-operative Societies Act
- 1959
- Enquiry under Section 64
- Consistency in administrative orders
Case Details
2013 LawText (KAR) (07) 31
Writ Petition No. 79936/2013 (CS-RES)
S. B. Hebballi, S.C. Hiremath (for petitioner); Y.V. Raviraj (AGA for R1 & R2); Anand R. Kolli (for R4)
Shri Bilur Gurubasava Credit Co-operative Society (Ltd), Bagalkot, R/by its Manager
The State of Karnataka, The Registrar of Co-operative Societies, C.S. Puttaraju, Lingaraj H. Mashal
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Nature of Litigation
Writ petition challenging an endorsement issued by the Registrar of Co-operative Societies directing a visit to the petitioner-society to examine allegations.
Remedy Sought
Quashing of the impugned endorsement dated 25.06.2013.
Filing Reason
The petitioner-society challenged the endorsement as inconsistent with a prior order for enquiry under Section 64 of the Karnataka Co-operative Societies Act, 1959, which was already directed to be implemented by this Court in another writ petition.
Previous Decisions
In writ petition No. 72643/2012, this Court directed implementation of the earlier order dated 05.11.2012 of the Registrar of Co-operative Societies to enquire into allegations made by respondent No.4 against the petitioner-society.
Issues
Whether the impugned endorsement dated 25.06.2013 directing a visit to the petitioner-society is valid when a prior order for enquiry under Section 64 of the Karnataka Co-operative Societies Act, 1959 was already directed to be implemented by this Court.
Submissions/Arguments
Petitioner argued that the impugned endorsement was inconsistent with the earlier order dated 05.11.2012 for enquiry under Section 64, which was already directed to be implemented by this Court in another writ petition.
Respondents did not raise any substantial opposition; the matter was heard by consent.
Ratio Decidendi
An administrative order that is inconsistent with a prior order already directed to be implemented by a court is unsustainable. The Registrar's subsequent endorsement directing a visit instead of an enquiry under Section 64 was set aside as it conflicted with the earlier order for enquiry.
Judgment Excerpts
By the said order, the Registrar of Co-operative Societies has directed the Additional Registrar of Co-operative Societies to visit the petitioner – Society and to examine the allegations made by respondent No.4 and to submit a report.
However, in writ petition No. 72643/2012 which is disposed of today, there is a direction by this Court to implement the previous order of the Registrar of Co-operative Societies dated 05.11.2012 to enquire into the allegations made by respondent No.4 against the petitioner – Society and to submit a report.
Procedural History
The petitioner filed Writ Petition No. 79936/2013 challenging the endorsement dated 25.06.2013. The court noted that in a connected writ petition No. 72643/2012, disposed of on the same day, there was a direction to implement an earlier order dated 05.11.2012 for enquiry under Section 64. The present petition was heard by consent and disposed of.
Acts & Sections
- Karnataka Co-operative Societies Act, 1959: Section 64
- Constitution of India: Articles 226, 227
