HEGH COURT OF KARNATAKA HfGH_.'E."OURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURI O!' KAKNAIAMI rllul-1
IN THE man COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19'"! DAY OF 2
TI-IE I-ION'BLE MRJUSTIOE
WRIT PE'I'ITION NO; 3105/2603 (Os--s EL/'M1: "
BETWEEN:-
VYAVASAYA SEVA.SAHAKAE'BA:'3i{'NiYAMYr,
AKKIPAT,--HALE-§;HUB'BALLI'_TAi,UK: HUBBALLI
DIS'I'RIC'F:;13f)I{AIx'\V;;_ ' . "
REPRES~_EN'T'E.D Biz ITs__ 'PRESIDENT
SRI.CHANi%§API'A*-VE'ERAB}{ADRAPPA HOSUR,
AGE':-32:, R/TTJOLD'-HUBLi',"AIG(IPET
VHi.FB13TAI;LI;"I)iSTRICF: DHARWAD.
. . . PEFITIONER
_ (Bvgskzz T MANTAGANI, ADVOCATE)
1 ' STATE OF KARNATAKA
= _ T BYTI's SECRETARY T0
GOVERNMENT,
= DEPARTMENT OF COOPERATION,
M.S.BUILDING,
BANGALORE-01.
rII\J'rr -..uu:u ur nnauvnu-tux.» nrunAg.v.,.'runI ur IMHIIIVI}-lll-\I\I'| rslufl LUUKI Ur ISAKNAIAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA I-{JG}-I
2 THE REGISTRAR OF CO-OPERATIVE
SOCIETIES IN KARNATAKA,
NO. 1. ALI ASKER ROAD
BANGALORE ~---- 52.
3 ADMINISTRATOR,
x.c.c. BANK LIMITED,
sums ROAD,
DHARWAI).
4 KARNATAKA CENTRAL
BANK LIMfI'ED,:"DHARWAI},j " '
BY ITS MANAGING' AA
5 RE'1*URNmG OFFISER, % % a
K.C.C. BANK LIMITED, 'V
SUBAS=RG'A_1),~ } _
% DHARWAI)."'
.... 'V RESPONDENTS
(BY s'm':L ASHA M KUMTBARAGERIMATH,
HCCrP'FO'R R185 "
SR1: G A K "GOWDA, 'A}:}VOCATE FOR
R3&.R4 ' %
sm:N SANJAYA__(3OWDA, ADVOCATE
%k%'TH1;a~'%%WT;P. FILED UNDER AR'I'ICLES 226 & 227 05*
THE). CQNS'3f'fT1J'I'ION OF INDIA PRAYING TO DIRECT THE
FIFTH RESPONDENT TO COMMENCE THE PROCESS 01:'
* 'ELECI'iON AS PER RULE 14(2) PURSUANT TO THE
~j_*f)_RD~ER DATED 6.2.2008 VIBE ANNEXURE c ISSUED BY
. THER2.
This petition coming on for orders this day, the Court
'4 made the following»
ORDER
This writ petition is filed by Taluka
Society. The Vyavasaya Seva, Niya!n’it»,p<
Akkipet, Hale Hubballi, a
member of Karnataka
Dhaxwad. The Talnlta Bank is
complaining that elections the members of the
managing eotnntittee – District level
Co-operating' conducted for a long
'ttiatee ofiioer has been appointed
HIGH COURT OF KARNATAKA HIGI-iA_CO:UR3' OF KARNATAKA HIGH COUR? OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURI or KAKNAIAIUI l"lIbl'1
for such of events have not been
pubfished; }ad1"m'gV"";'.st3'ator who had been appointed
the the 431 respondent has remained in
for several years to the cleteriment of
V the petitioner bank is in a dice state of aflairs
' W put in place an elected representative of the
of the members of the Cooperative bank to the
"management of the District Co-operative Bank.
We
aiuari \..\JI..nu ur nu-uuw-un:\n r1:urIA£..*.§UKI Ur ¥£AKNA'lAKA HIGH COURT OF KARNAYAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH
4. Notices had been issued to the respondents, the
first respondent – State of Karnataka by the
Deparment of Co-operative Soeiet;_i_es,’V_A’_: _
respondent — Registrar of :’3:ur.._
respondent – the Administrator of 4*?
functioning eversince 10. ‘t;’te_::i:’>*hfi}:’espondent,
the Returning Officergj-sého the second
respondent in terms :of~.t_.h:¢, – C dated
06.12.2008,. % E: .
–. the Registrar – respondents
1 8; 2 ate” the learned Government Pleader.
counsel has filed Power for the
5» Administrator and the 4th respondent — the
Director of the Bank, and the 5%
;- Returning Oflicer is represented by Sri.Sanjay
O csma.
6. In the statement of objections filed on behalf of
respondents 1 85 2, several practical difflculties have been
“‘*l\?I’? \avux\-I- VI” Iv-utrur-ulrliu-I TIIIJIT uwunl VT nun
IVIISPIRB l’II\.’Jl”I
pleaded as excuse for not ensuring that the elections are
held in time.
7. Even in the statementil of
behalf 3rd and 4th respondents
explanation is not much ‘bV1.1t”
that steps have new the elections
can be held by providing is necessary on
their part to conduct the
elections.
8. on behalf of the
4_..petitiodef as well all the respondents.
A-J:
. “er fiie was being heard and titne had been
‘ takenhuaby counsel for the respondents, when
i Conrtllhad called upon the respondents to explain as to
for not holding the elections so far, as is
ireflected in an order passed by this Court dated
HKSH CCU!” DI’ IQAKNAIAER Hiurr x,-gust -ur nnmvntnru-v -ruurr \.\.r\.:n| -V.- g.,……,…,.,,.,,..
13.06.2008, which reads as under:-
n-nun uuutu ur mmuvatnnn l”ElUl”‘iA(-.9-,J’UKF ml’ KARNATAKA HIGH COURT OF KARNATAKA FHGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA I-HGH
‘List on 17.06.2008 at the
Government Pleader for respondents to H
the Court on record the actio_n…th;1t
hitherto by the particular }ojj’iqer.L fu.{i’.:g’ I
appointed as a Re1ur:fzi:_2g to ‘V
elections.
2. The ‘ 1. to H viewed
seriously by this the duty by
the oflioéf if no action re
taken 1: was appointed
asa
10. O’ .The_ V’ as on date is that it is
submitted S or the 5th respondent – Returning
V’ _ e of events has now been published by
and a copy of the same is produced
thee cm along with a Memo filed by the
Pleader appearing on behalf of the
rxfespendents 1 & 2. It is submitted on behalf of the 5th
wpeispondent that such action has been taken Within 3 days
‘V of the Admi:r1isn”ator fixing the date of election to be on
27.07.2008 in terms of his Resolution dated 13.06.2008.
7 v -u- I\l’l1F\IVJ”!l’Il\PI o¢I\Jr-1 \.\Ji-III! IJV !\Hlll’IflHl-‘\l\fl
Copy produced as Annexure – R3 to the stateeient of
objections filed on behaif of respondents 1 es ”
11. Submission is that V o1;~.__
mandamus is now avoided asa retjuisite
by the respondents. learned
counsel for the 5th ‘ that
having regard to meme er bank and its
Government could
not pass’ under Sec.121
exemptirig bank from the applicability of
provisionsoi’ peculiar circumstances, the
_ admipriisiratorini continued and the term of the
eadmini.st:?atorvhad been last extended on 10.06.2008 upto
it While it is true that with the publishing of the
‘ ealendar of events for holding elections to the managng
‘4 committee of the 4*’! respondent bank, the prayer for issue
of a writ of mandamus does not survive, this Court cannot
&//
rtlurr Luum Ur KAKNAEAKA HKEHACQURY OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HiGH COURT OF KARNATAKA H16!”
help noticing the inordinate delay in conducting elections to
the 4th respondent District Co-operative
when the erstwhile managing committee,V__ai3-.:
which was managing the
superceded by the Registrar ugtiatte
Government in terms of ‘hes as on
10.12.2001. The byviiitiie Regisfiflr
exercising the powersyptmder Karnataka Co-
operative di :'i"'iie administrator so appointed its place for a period of
6 mozit_i1s._ his appointment and the rule of
adxnixiistrator ‘Veer; = for a further period of six
‘at a such period in all cannot exceed
of Sec.30(1) in the case of Co-operative
provides for extending such period even
xoonsultation with the Reserve Bank of India,
V’ V’ Secfion H’30(5) reads as undem-
’30(5′): notwithstanding anything oontczined
in this Act, the Registrar shall, in case of Co-
operative Bank, if so required in writing by the
.. ,,.e.,.., .,. ………..-..,… ……m Luvs! ur nnxwninnn mun noun: or-‘ KARNATAKA HIGH COURT or KARNATAKA men
10
Reserve Bank of menu, in public interest or for
preventing the qfairs of the Co-operatiggej ,,
being conducted in manner ‘
interest of the depositors J or for ‘. V
proper management of the :’7’ f
order in writing remove the eorrimitteeof
operative bank and art ‘ to
manage the afiqtis of for
such period [xaocxjjag to time, be
specgfied by the VBé;nk~.o j”ftzdia’.
13. Vfijat’ having availed of this
of elections to the 40*
rospondefit Bank has been eifectively
avoided — se far’, the statutory provisions i.e.,
the sizetutory provisions of the Act.
14. be in the gven case, there is no statutory
– –. , _j’ei:o1ationz resorting to the sub—-provisions relating to the
_”C.o+omretive banks and also the power of the Government
VT .:’_4′:;112ci*er See.121, which reads as under»
Section 121:- Power to exempt societies:
The State Government may, by general or special
11
order published in the O_fl’ie-ial Gazette, exefirgot
any co-operative society or any class of.,
from any of the provisions of this Ac€,:—
direct that such promsims shall apply}: 1 i
society or ciass of 4′ 1.’
modifications as may izespecglfied in
15. But it camlot aii democratic
set up, Institutions managed by
democratically ‘ ‘ _ and should
not be ‘ and by invoicing a Rule,
though should not be continued
nu.-arr: uuunu ur nnxnlnlnnn rllbfl (…L)URl OI” KARNATAKA HIGH COUR? OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR1’ OF KARNATAKII l’IiGl-
indefiniteiy. : 4. In case, it appears that a
combination of sevetalfactors has resulted in the current
ssituatioh petitioner to approach this Court
authorities were in dereliction of duty
: to ensure of elections in time to elect the managing
‘* ‘,”3V’?m.mittee…Aof the 4th respondent bank for not discharging.
=£’sponsibi1ities in a proper manner and there is
of duty on their part. This Court cannot help but in
“obscuring that it looks the position is such. Not conducting
rllurl LUUKI Ur KAKNAIAKA HiGH (;C3._URT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR? OF KARNATAKA HIGH
13
elections with the administrator not fixing a fjdatte for
conducting elections to the 4*’! respondenp :5″
respondent Returning Officer who had
in the month of February was
could not publish the calexidgr of
publication of calendar of terms of
Rule 14(2) of the Ru1ess(%j.’e95o . : e V
17- %1se[eee41%ev-w%’%I; co–operative
Socieuies__Vv}:§u1esV;V~: –
fly appointed
_undef=. su.z>}ruzé{i publish a calendar of
~ fVof~the__Tprurpose of conduct of elections of
of the committee, at least twenty one
A’ Eéfiofe the date ofelectian’. ‘
“i§3__f~ The Joint Regstrar of Co—operative Society who
._in<:identaI1y present before the Court today and this
: _MQ§fflCeX' is the one who acts as a Registrar of Co-operatives
V' Societies in the State, and who has the responsibility for
conducting elections to the Co—ope-raiives Societies and Co-
– \f’V”\ll\l \lI Iv-|z\Ivr’Ill”II\D-I rlI\.’Il” I-\J\JfiF LII” RHKIVHIIHRB “fl’.7!”‘
14
operative Banks of the State, has stated thatthe
normally appoints the Returning Offieer
of election is fixed later by the
administrator as the case may be.
19. The present that
appointing a the date of
election is really of 113. ‘iliajlipened on earlier
occasions is committee not
ready __t:o_ or with a busy
admirfisuator like ‘lieputy Commissioner who
may not find’ e..timeVxto’4V to this function and in the
vV..absenr3ai:.:of __lilxiv11gV”tl1e..€1€tt»e of election, the Ietuming officer
-. jobless. The election process already
c,__t delayetl’gets delayed if such practical diffieulties
it 20. As the Registrar is the Statutory Oflieer who has
V overall responsibility of ensuring that the functioning of
the Co-operative Societies and Banks in the State is in
ar-nun I…-uuxi ur RAKNAERKR Hl(:HA{.–..$,.)’UK’|’ OF KARNATAKA HEG}-I COURT OF KARNATAKA HIGH COURT OF KARNATAKA HJGH COURT OF KARNATAKA H16?!
15
order and continuing to the statutory pmvisionsghhas also
the responsibility to ensure that elections
promptly on time to elect the managing O
Societies. Ensuring fixing of da:teni.’oi’–
promptly is a part of these,»responsil_:iilities.
Merely appointing a is not the
end. The Registrar Returning
Officer will be’. ab1e:..lto.:’_ Eresponsibility by
ensuring of elections is also
fixed. is that the managng
committee first fixes the date of
election A steps in appointing a
_g the date of election has not been fixed,
, should first ensures that the managing
administrator fixes the date of election so
Retuming Oifioer can publish the calendar of
it Offeiiprents and ensure that the election process is successfully
‘V”‘|5|’|H’-P”\Fv”‘ “Iv” uuum ur nnnlvalnnn ruur! LUUIH Ur :\AnNAu.us,n nu,’-g
HIGH COURT OF KARNAIAKA Hfbfl L..u_uurI ur nmtwusmun mun Luunl ur
16
21. It is accordingly impressed upon the statutory
authorities that it is their responsibility to ensozwe’ to
fix the date of election unless, managing
administrator voluntarily fixes thebddeieetjon sfihitg 1′.
as is envisaged under the Act. Atdilzddisz
further proceedings would hadiieifo bev.te.ke’I1.
22. The writ .1s-mace of with these
observations =i = suflxorities functioning
under the etisure that elections are
condueted. eiected body is put in place at
the earliest,’ of accordingly.
Sd/-
Judge