IN Tun: HIGH come? on KA1u¢A'rAz{A
AT BANGALORE
Dated this the 5th day ofAugust, " '
ms I-l0§'BL£ am JU8'!'lCE mar Ki
Writ Petition No 8935 41 2003 ' .
E
1.
Y.H. BAIAKRISHNA _ ._
S/0 x.0LLAHANuMAYYA_,' i
AGED ABOUT45YEARS,
YELIYURVILLRGE, g _ -
TQAND ra1s?T;v,MANI3YA. _
DEvEGow_-ms/'<3 HAB%.UAMAYfz'A;=.A
AGED "
vE;1;1YUz::V1;.1A"c;E%, . *
IKND . ' PETYFIONERS
' ' [By Adv. for
s., S. Pan'! 5:, Associates]
~ . 3 THE; ?s'.'.A"I*--5: or-' KARNATAKA BY
"I'£'S'~SE:CR'E'I'ARY TO GOVERNMENP,
V DEFARTMENT OF COOPERATION,-
'=M.s. BUILEJINGS,
A *-.__I3A£_~!GAVLfQRE -~ 560 om.
'1'H.E_ JOIN'I' REGISTRAR or
" I 4_CO0?ER'A'§'IVE SOCIETIES,
. _ WIYSORE DIVISIOR, MYSORE.
THE DEPUTY REGIS'¥'RAR OF
COOPERATIVE SOCIETXES,
MANDYA, DIST: MANDYA.
:t_.iheVvadiIiiI1isH3;;f£Ltor had caused issue of a calendar
sof date for electing a fresh management
4
eariier president and other office bearers had preferred an
appeal. Ultimately the appeal came to be in
terms of the impumed order at Annexure-J
2008. It is this order, which is questiofexi .,
petitioners who claim to be
society, though were not part,ef_the' 'V L.
2. This court had admitted yirzit " pe§i'iiion.'1o1iVV3O-6- V
2008 and has also 'apeellevte order,
which was to restore committee
to its "zxi;iD8gement of the
society subject. the irregularities
Kit eretamint sezeeumng me
appeal this court on 30-6-2008, it
to of a notice dated 16-7-2008. The
Vs:-i "'---<'3h_aH1).«::ix~ashekar points out that the
___no locus even to file this writ petition
when the attempt on their part to
« Vthemeelves impleadod as parties to appeal had filed as
5
election is now scheduled to be held on 9-8-2008
ofthis notice. .. _
4. It is aggrieved by this notice, the respc-§1iie11ot:s'e- 6
13, who were appellants before me j-oinf; V'
have also filed statement of
with an application praying' wstayihrlg. the
pursuant to the election" ::;_otice'€i:§..t"e§;¥' V \I6._-7
5. I have Sri counsel
for the Sri Deviprasad
Shetty. as also Ms Asha
M government pieader
appearing neepoi1de,'ote"71 to 3.
to the proceedings before the joint
would vehemently urge that the
sf that a matter which had been
' 20-6-2008 had been taken t1mla' terally at the
_'i::.ehe'st the appellants before the appellate authority and
6
an application for such impleadment had come
rejected by the appellate authority, the present "
the part of the administrator proposing ..
held even during the pendency of
notwithstanding the order s.
only a preemptive measure gp§;;cams_
respondents 6 to 13 totltrevxnain in
their position till ijtis submitted,
is upto of such
ofiioe V _n.9t but taken at the
behest rivals and on extraneous
considexatiorzs. *
7. on the em ‘!.1’arA1i.1, §€§1’i Deviprasad Shetty, learned
joint reg’st:ra.r is opposed to principles
st?”J2eoe%s:nd’:: nae to be listed on 20-03-2003
V of orders, as clarified by Sri
leamed counsel for the respondents 6 to
t W the was taken up in the light of the preemptive
that had been proposed and if orders were
8
passed by the assistant registrar or any other order if
the appellate authority had not found it
them as mxties to the appeal proceedings, K
not get any further right only
presented before this court; u_ndef’ jot’ ,
Constitution of India. « g
10. While for this reason this petition” should be
dismissed, Ifind that de’r.:1is§i.1;’¢’.of_’_opportu11ity is
also not a is sought to be
projected that a perusal of
the copyjv by the appellate
authorityztandw as the respondents 6 to 13,
indicates been fully heard on 1 1-5-
9
pronounced and I do not find any person, either appeiiant
or respondents, having been denied any
the appellate authority before passing the ‘ it 1 H
11. Nothing else is pointed out cviiiiithe
order, though Sri Deviprasa.d>S_hetty~,
the petitioners urges there of it
maipractices, against it an
order for supenceding
12. It is not go into this
aspect, ” authority found
that the as to Warrant the
supercessioi1«.oi’ but to allow some time
to the ixlanagiemetitto eomoly with them.
” restflt;”the._i11teIim order of stay is vacated and
” itself is dismissed. The notice dated
by the administrator fixing the date of