Karnataka High Court
Lakshmane Gowda vs The Joint Registrar Of Co-Operative on 7 March, 2024
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.8267 OF 2015 (CS-EL/M)
C/W
WRIT PETITION NO.12188 OF 2015 (CS-EL/M)
IN WP NO.8267/2015
BETWEEN
1. LAKSHMANE GOWDA
S/O PUTTASWAMY GOWDA
AGED ABOUT 55 YEARS
RA/T NO.26, 13TH CROSS,
JAYALAKSHMAMMA LAYOUT
ANNAPOORNESHWARI NAGAR,
NAGARBHAVI, 2ND STAGE,
BANGALORE-27
2. T. RAJAKUMAR
S/O LATE K.D. NAYAR
AGED ABOUT 59 YEARS
R/AT NO.37, AKSHAYA
D CROSS, BRINDAVAN LAYOUT,
L.B. SHASTRI NAGAR, VIMANAPURA POST
BANGALORE-17
3. RAVI NAIK
S/O BYRANNA NAIK
AGED ABOUT 36 YEARS
RA/T NO.FA(M)-434,13TH BLOCK,
2ND CROSS, C.T.S. HAL COLONY,
MARATHALLI, BANGALORE-37
4. N.R. UMESHA
S/O RANGAPPA
2
AGED ABOUT 42 YEARS
R/AT NO.2/6, 1ST MAIN,
8TH CROSS, KOTTEGEPALYA,
BANGALORE-91
5. B KRISHNAMURTHY
S/O.BYANNA,
AGED ABOUT 59 YEARS,
RESIDING AT:NO.364,
4TH MAIN ROAD,
IIND STAGE, WEST OF CHORD ROAD,
MAHALAKSHMIPURAM,
BANGALORE-560086.
6. H S VIJAYAKUMAR
S/O.SHANTHASAH,
AGED ABOUT 38 YERS,
RESIDINT AT:NO.FA(M) 431,
13TH BLOCK,
IIND CROSS, HAL CTS,
MARATHALLI POST,
BANGALORE-560037.
7. H K CHANDRASHEKARA
S/O.KALAPPA,
AGED ABOUT 40 YEARS,
RESIDING AT:NO.FA-663, 4TH FLOOR,
CTS, HAL COLONY,
MARATHALLI (POST),
BANGALORE-560037.
8. K S SHIVA KUMAR
S/O.KEMPAHONNAIAH,
AGED ABOUT 43 YEARS,
RESIDING AT:NO.28,
3RD MAIN ROAD,
MANASA LAYOUT, K.S.TOWN,
BANGALORE-560060.
9. SRI SEKSHAVALI
S/O.SYED HUSSAIN SAB,
AGED ABOUT 53 YEARS,
RESIDING AT NO.36,
BEHIND ASKHAYA RESIDENCY,
3
19TH CROSS, 5TH BLOCK, H.B.R,
BANGALORE-560043.
10 . S.GOPALKRISHNAN
S/O.LATE.G.SEKHARAN,
AGED ABOUT 66 YERS,
RESIDING AT:NO.155,
KAVERAPPA LAYOUT,
MARATHAHALLI ORR,
PANATHUR P.O.
BANGALORE-560103.
11 . B R HEMAPRAKASHA
S/O.B.G.RAMA KRISHNA,
AGED ABOUT 45 YEARS,
RESIDING AT:NO.119, 3RD MAIN,
M.S.R.LAYOUT, T.DASARAHALLI,
BANGALORE-560057.
12 . T K GOPALA KRISHNA
S/O.LATE.KRISHNAPPA,
AGED ABOUT 45 YEARS,
RESIDING AT:NO.FA657, 4TH FLOOR,
HAL CENTRAL TOWNSHIP,
BANGALORE-560037.
13 . UMESH V
S/O.LATE.VENKATESH.M,
AGED ABOUT 33 YEARS,
RESIDING AT:SRI.VENKATESHWARA NILAYA,
#772, BAJANTHRI STREET,
VARTHUR POST,
BANGALORE-560087.
14 . MOHAMMED ABDUL LAEEQ
S/O.MD ABDULRAHEEM,
AGED ABOUT 56 YEARS,
RESIDING AT:NO.397/1A,
2ND CROSS, A.S.PALYA,
BANGALORE-560017.
15 . B VENKATESH
S/O BANGARACHAR
4
AGED ABOUT 38 YEARS,
RESIDING AT NO.10,
ACHAR STREET,
JNGALPALYA, BANNERGHATTA POST,
BANGALORE-560083
16 . L M SHANTHA RAJU
S/O ALTE MUNIRAMAIAH,
AGED ABOUT 49 YEARS
RESIDING AT NO.3, E NO.3,
OOLD MADARS ROAD, HOLASUR,
BANGALORE-560008
17 . B SHIVARAJAIAH
S/O BANDIRANGAPPA,
AGED ABOUT 49 YEARS,
RESIDING AT NO.51,
MUNESHWARA LAYOUT,
KODI CHIKKANAHALLI I I M POST,
BAGNALORE-560076
18 . MANJUNATHA S
S/O SHIVARUDRAPPA,
AGED ABOUT 28 YEAS,
RESIDING AT NO.1887,
OLD MELU ROAD,
GANDHI CHOWKA,
VIJAYAPURA, DEVANAHALLI (TQ)
BANGALORE RURAL DIST-562135
19 . A CHANNA KRISHNAIAH
S/O APPANNA
AGED ABOUT 59 YEARS,
RESIDING AT NO. NO.G-641,
10TH CROSS, C T N TOWNSHIP,
MARRATHALLI POST,
BANGALORE-560037
20 . J K MOSES
S/O S JOSEPH
AGED ABOUT 57 YEARS,
RESIDING AT NO.26, 3RD CROSS,
3RD MAIN, KALLAPPA LAYOUT,
BASAVA NAGAR,
5
BANGALORE-560037
21 . K MOHAN KUMAARR
S/O KRISHNAPPA,
AGED ABOUT 35 YEARS,
RESIDING AT C/O SRI MARUTHI SWEETS,
4TH MAIN, MARUTHI NAGAR,
KAMAKSHIPALYA,
BANGALORE-560079
22 . B. SURESHAPPA
S/O K.B. ESHWARAPPA
AGED ABOUT 51 YEARS
RA/T NO.142/1, MALLASANDRA,
PIPELINE ROAD, T. DASARAHALLI,
BANGALORE-57
23 . KESHAVA MURTHY L
S/O LAKKANNA N.
AGED ABOUT 35 YEARS
RA/T #165, 2ND MAIN 5TH CROSS,
PRAKASH NAGAR,
BANGALORE-21
24 . NAGAREDDY
S/O LATE BALA REDDY
AGED ABOUT 45 YEARS
RA/T NO.G-5, 1ST CROSS,
2ND MAIN, OLD TOWN SHIP,
HAL COLONY, BANGALORE-17
25 . J. KUMARAVELU
S/O LATE M. JAYA RAMAN
AGED ABOUT 45 YEARS
R/AT #18, 2ND STAGE,
2ND MAIN RAOD, 2ND CROSS,
GOWTHAMAPURAM, ULSOOR,
BANGALORE-08
26 . K. RAMACHANDRA
S/O LATE KULIAPPA
AGED ABOUT 45 YEARS
R/AT NO.4244, KONENA AGRAHARA
6
BANGALORE-17
27 . RAJANNA
S/O GOWDAIAH
AGED ABOUT 52 YEARS
RA/T NO.70, ANUGRAHA NILAYA,
VINAYAKA LAYOUT, DASANAPURA,
BANGALORE NORTH
BANGALORE-562123
28 . C. RAVI
S/O LATE P. CHINNASWAMY
AGED ABOUT 55 YEARS
R/AT NO.162, 5HT BLOCK,
S.MB. LAYOUT, MUDDINAN PALYA
BANGALORE-91
29 . A.B. KEMPEGOWDA
S/O LATE THIBBEGOWDA
AGED ABOUT 38 YEARS
R/AT FA-428, 2ND CROSS,
C.TS. HAL, MARATHALLI
BANGALORE-37
30 . VEDHA NARAYAN
S/O B. SUBRAMANYA DUBAY
AGED ABOUT 55 YEARS
RA/T NO.20, 2ND CROSS,
BASAVESHWARA LAYOUT,
NAGASETTYHALLI,
BANGALORE-94
31 . SACHIN KUMAR
S/O BOJA
AGED ABOUT 55 YEARS
RA/T G-699, 2ND CROSS,
2ND MAIN ,CENTRAL TOWNSHIP
HAL MARATHALLI
BANGALORE-37
32 . B.S. RAGHAVENDRA
S/O B.P. SREENIVASAN
AGED ABOUT 35 YEARS
7
R/AT NO.38, VALLAPURA,
NANJAREDDY LAYOUT,
VARTHUR,
BANGALORE-87
33 . H.O. NARAYANASWAMY
S/O OBALA REDDY
AGED ABOUT 48 YEARS
RA/T NO.18, 1ST CROSS,
HOODY VILLAGE,
MAHADEVAPURA POST,
BANGALORE-48
34 . MG. SUDENDRA
S/O M.S. GURURAJA
AGED ABOUT 36 YEARS
RA/T NO.6/3, MODEL HOSUE STREET,
BASAVANAGUDI,
BANGALORE-04
35 . MAHESHA J
S/O JYOTHIMANI
AGED ABOUT 29 YEARS
RESIDING AT C/O THANGAMMA
KOTEBEEDI, NEAR PARIYAPPASWAMY MATA
NELAMANAGALA
BANGALORE-562123
36 . K H SHIVANANDASHETTY
S/O LATE HANUMASHETTY
AGEDA BOUT 43 YEARS
RESIDING AT G-1320, 9TH CROSS
NEW TOWN SHIP, H A L
MARATHAHALLY POST
BANGALORE-560037
37 . M N DEVARAJA
S/O M K NINGAIAH
AGED ABOUT 36 YEARS
RESIDING AT NO. 1356,
14TH MAIN,15TH CROSS,
KUMARASWAMY LAYOUT
1ST STAGE, BANGALORE-560078
8
38 . PRABHU
S/O NAGAPPA
AGED ABOUT 33 YEARS
RESIDING AT NO. FA (M) 421
HAL COLONY 2ND COSS
C T S MARATHALLI (P)
BANGALORE-560037
39 . M D MANJUNATHA
S/O G D DODDAIAH
AGED ABOUT 32 YEARS
RESIDING AT # G-491/C,
ARKESHWARA NAGAR, GUTHALU (P)
MANDYA CITY-571403
40 . TAYAPPA
S/O BASANNA
AGED ABOUT 33 YEARS
RESIDING AT D NO. 1410,
6TH CROSS, ISEC MAIN ROAD
DASAPPA COMPOUND
NAGARABAVI, BANGALORE
41 . KAILASAPATHINEELAWANI
S/O MAHADEVA
AGED ABOUT 46 YEARS
RESIDING AT G B J, 1892
8TH CROSS, MARATHAHALLI POST
BANGALORE-560037
42 . M CHIKKATHIMMAIAH
S/O M CHIKKATHIMMAIAH
AGED ABOUT 52 YEARS
RESIDING AT HOTTAPANAPALYA
LAKSHMIPURA POST
DASANAPURA HOBLI
BANGALORE NORTH TALUK
BANGALORE-562122
43 . JAGADEESHA S
S/O SIDDAGANGAPPA
AGED ABOUT 30 YEARS
RESIDING AT S R S NILAYA
KODIGEHALLI
9
KODIGEHALLI POST
KODIGEHALLI
BANGALORE-560091
44 . VENKATESH
S/O HOBANNA
AGED ABOUT 55 YEARS
RESIDING AT NO. 42, 4TH CROSS
RAJASHREE LAYOUT,
MUNNEKOLALA, MARATHALLI (POST)
BANGALORE-560037
45 . G K SREENIVASA
S/O G K KRISHNA IYENGAR
AGED ABOUT 50 YEARS
RESIDING AT G-1231, 9THJ MAIN
CTS, HAL QUARTERS,
MARATHALLI POST
BANGALORE-560037
46 . M V SANTOSH
S/O K VENKATARAMASHETTY
AGED ABOUT 31 YEARS
RESIDING AT NO. 33, 4TH MAIN
4TH CROSS, BYRAVESHWARA NAGAR
NAGARBHAVI MAIN ROAD
BANGALORE
47 . P SREENIVAS
S/O PADMANABHAN
AGED ABOUT 36 YEARS
RESIDING AT NO. 17,
SRI VINAYAKA LAYOUT,
OPP BIBLE COLLEGE, BAGALUR MAIN ROAD
KOTHANUR POST
BANGALORE-560077
48 . B ASHRAFH
S/O BABU P K
AGED ABOUT 38 YEARS
RESIDING AT NO.G-108,
4TH MAIN, 5TH CROSS
OLD TOWNSHIP, HAL COLONY
VIMANAPURA POST
10
BANGALORE-560017
49 . RAJENDRAN F
S/O JA FRANCIS
AGED ABOUT 34 YEARS
RESIDING AT NO. 33
4TH C CROSS,
MUNISWAMAPPA LAYOUT
CHIKKABANASWADI
BANGALORE-560033
50 . S THYAGARAJ
S/O SREERAMA
AGED ABOUT 36 YEARS
RESIDING AT # 20/23
MUNIGOWDA GARDEN
NEELASANDRA
BANGALORE-560047
51 . N.RAJASHEKAR
S/O M.L.NEELAKANTA
AGED ABOUT 40 YEARS,
RESIDING AT NO.230, 1ST MAIN ROAD,
3RD PHASE, W.O.C. ROAD,
MANJUNATH NAGAR,
BANGALORE-560 010.
52 . L.GANGADHAR
S/O G.LAKSHMI NARAYANA,
AGED ABOUT 40 YEARS,
RESIDING AT NO.230, 1ST MAIN ROAD,
3RD PHASE, W.O.C. ROAD,
MANJUNATH NAGAR,
BANGALORE-560 010.
53 . ASHOK.H.R.
S/O H.D.RAMEGOWDA,
AGED ABOUT 35 YEARS,
RESIDING AT G-568, 7TH CROSS,
1ST MAIN, CTS, HAL, MARATHAHALLI (P)
BANGALORE-560 037.
54 . JAYANTH .N
11
S/O K.J.NAGARAJA,
AGED ABOUT 33 YEARS,
RESIDING AT NO.7, 16TH CROSS,
3RD MAIN, S.R.NAGAR,
BANGALORE-560 027.
55 . S.R.CHALUVEGOWDA,
S/O RAMEGOWDA,
AGED ABOUT 51 YEARS,
R/AT NO.22, NITHIN NILAYA,
MUKTHI VINAYAKA LAYOUT,
T.C.PALYA, MAIN ROAD, ANANDPURA,
BANGALORE-560 036.
56 . SOMANNA
S/O LATE DYAVEGOWDA,
AGED ABOUT 44 YEARS,
R/AT NO.G-256, 1ST CROSS,
1ST MAIN ROAD, OLD TOWNSHIP, HAL
BANGALORE-560 017.
57 . K.GANGDHI NAIK
S/O KRISHNA NAIK,
AGED ABOUT 44 YEARS,
R/AT NO.G-1306, 7TH CROSS,
5TH MAIN, CENTRAL TOWNSHIP,
HAL QUARTERS, MARATHALLI,
BANGALORE-560 037.
58 . JAGADEESHA
S/O THAMMAIAH,
AGED ABOUT 50 YEARS,
RESIDING AT NO.G-70,
2ND A MAIN ROAD, HAL OLD TOWN SHIP,
VIMANAPURA POST,
BANGALORE-560 017.
59 . ARUN KUMAR B
S/O BALAJI RAO,
AGED ABOUT 32 YEARS,
R/AT #26, 2ND CROSS, THIMMAKKA LAYOUT,
CHOLANAYAKANAHALLI, R.T.NAGAR POST,
BANGALORE-560 032.
12
60 . EDWARD CHRISTOPHER
S/O A BARNABAS,
AGED ABOUT 32 YEARS,
R/AT E757, 4TH RADIAL ROAD,
I.T.I. COLONY, DOORVANINAGAR,
BANGALORE-560 016.
61 . G.SRINIVASULU
S/O BALAVENKATAIAH,
AGED ABOUT 32 YEARS,
R/AT G-1148, 8TH CROSS,
HAL CENTRAL TOWNSHIP,
MARATHALLI POST,
BANGALORE-37.
62 . AMAL RAJ.K
S/O KARNAL RAJ,
AGED ABOUT 35 YEARS,
R/AT NO.210, 3RD FLOOR,
1ST MAIN, BAPUJINAGAR,
MYSORE ROAD,
BANGALORE-560 026.
63 . VINAYA KUMAR
S/O VITTAL D SHETTY,
AGED ABOUT 40 YEARS,
R/AT NO.70/11, 22ND CROSS,
6TH BLOCK, JAYANAGAR,
BANGALORE-560 082.
64 . S.VIJAYA KUMAR
S/O A.P.SAIT,
AGED ABOUT 49 YEARS,
R/AT NO.10, ARABIC COLLEGE POST,
BANGALORE-560 045.
65 . SHYAMARAJU.K.B.
S/O BOBE GOWDA K.K.,
AGED ABOUT 49 YEARS,
R/AT NO.7, REGENCY PARK,
N.NAGENAHALLI, SRK NAGAR POST,
BANGALORE-560 077.
13
66 . S.SENTHIL KUMAR
S/O LATE M.SHANMUGAM,
AGED ABOUT 38 YEARS,
R/AT NO.64, RUDRAPPA GARDEN,
AUSTIN TOWN, VIVEKANAGAR POST,
BANGALORE-560 047.
67 . S. GANESHA
S/O LATAE SHANKARAPPA,
AGED ABOUT 35 YEARS,
RESIDING AT: NO.G-642,
10TH CROSS, 1ST MAIN, HAL C.T.S,
BANGALORE 560037
68 . A.B. CHANDRASHEKARA
S/O A.S. BORE GOWDA,
AGED ABOUT 31 YEARS,
RESIDING AT: NO.G-92,
3RD MAIN, HAL QUARTERS,
OLD TOWNSHIP, VIMANAPURA POST,
BANGALORE 560017
69 . M. RAVI KUMAR
S/O MALAGAYAH,
AGED ABOUT 37 YEARS,
RESIDING AT: NO. 1600
NAGAPPA BLOCK,
SRI RAMPURAM,
BANGALORE 560021
70 . P.VENUGOPAL
S/O N. PARTHASARATHY,
AGED ABOUT 37 YEARS,
RESIDING AT NO. 219,
9TH CROSS KADIRAPPA ROAD,
DODDACUNTA, COX TOWN,
BANGALORE 560005
71 . RAGHU KUMAR M.V
S/O SWAMY M.V,
AGED ABOUT 37 YEARS,
RESIDING AT: NO.55, 8TH CROSS,
MANJUNATH TENT ROAD,
SANJEEVINAGAR,
14
BANGALORE 560072
72 . VENKATESH HAVALI
S/O. GOVINDAPPA,
AGED ABOUT 35 YEARS,
RESIDING AT: GBJ 183, 8TH CROSS,
HAL TOWNSHIP, MARATHAHALLI,
BANGALORE 560037
73 . D.MANJUNATHA
S/O LATE K. DASAPPA,
AGED ABOUT 48 YEARS,
RESIDING AT: NO. 25, 24TH CROSS,
K.D PURA MAIN ROAD,
C.V.R. NAGAR POST,
BANGALORE 560093
74 . SATHISHA
S/O LATE KARIYAPPA,
AGED ABOUT 39 YEARS,
RESIDING AT: NO. 3414,
13TH CROSS,
2ND MAIN SASTRI NAGAR,
BSK 2ND STAGE,K.R. ROAD,
BANGALORE 560029
75 . MALLAPPAGUGGARI
S/ BASAPPAGUGGARI,
AGED ABOUT 33 YEARS,
RESIDING AT: FA-481,
HAL COLONY, O.T.S. VIMANAPURA,
BANGALORE 560017
76 . UDAYAKUMAR K.A
S/O. ANNAPPA,
AGED ABOUT 35 YEARS,
RESIDING AT: NO.61,
1ST CROSS, MICO LAYOUT,
MAHALAKSHMIPURAM,
BANGALORE 560086
77 . C MURALI
S/O V CHANDRAN,
15
AGED ABOUT 37 YEARS
R/AT:FA.538,DHRUVA ENCLAVE,
O.T.S.L.B.S.NAGAR,HAL,
BANGALORE-560 017
78 . K RAJU
S/O KUMARA
AGED ABOUT 36 YEARS
R/AT:NO.1,5TH CROSS,RAJABHAVI ROAD,
PRAKASH LAYOUT,VARTHUR,
BANGALORE-560 087
79 . SURESH
S/O LATE B PUTTASWAMY,
AGED ABOUT 42 YEARS,
R/AT:G-823,2ND MAIN,
10TH CROSS,HAL C.T.S.
MARATHAHALLI,
BANGALORE-560 037
80 . N CHALUVARAJA
S/O NARASIMHAIAH,
AGED ABOUT 38 YEARS,
R/AT:NO.19A,4TH MAIN ROAD,
KALYAN NAGAR,NAGARBHAVI MAIN ROAD,
BANGALORE-560 072
81 . S SAMPATH KUMAR
S/O SRINIVAS,
AGED ABOUT 32 YEARS
R/AT:# 702,"A" NEW LAYOUT,
NEAR SAMUDHAYA BHAVANA
CHIKKABANAVAR,
BANGALORE-560 090
82 . V PURUSHOTHAMA
S/O LATE VENKATASWAMY
AGED ABOUT 53 YEARS,
R/AT:17,2ND CROSS ROAD,
RAMURTHY NAGAR MAIN ROAD,
DODDA BANASWADI,
BANGALORE-560 043
16
83 . B VASANTHA KUMAR
S/O BEEMAIAH,
AGED ABOUT 38 YEARS,
R/AT:NO.52,IVARAKANDAPURA
HESARAGHATTA,T.B. POST,
BANGALORE-560 089
84 . M SURESH KUMAR
S/O MARI,
AGED ABOUT 34 YEARS,
R/AT:# 110,1ST MAIN ROAD,
SUDHAMNAGAR,THIPPA SANDRA POST,
JB NAGAR,BANGALORE-560 075
85 . B S BEERAPPA
S/O SIDDAPPA,
AGED ABOUT 36 YEARS
R/AT:D-2121/1,PIPE LINE ROAD,
PRASANTHANAGARA,T DASARAHALLI,
BANGALORE-560 057
86 . BASAVARAJ
S/O SHANKARAPPA SOMAL
AGED ABOUT 34 YEARS,
R/AT:E-153,5TH NORTH LINE
I.T.I.COLONY,DOORVANI NAGAR,
BANGALORE-560 016
87 . MOHAMMED ASHRAF
S/O KASHIM,
AGED ABOUT 35 YEARS
R/AT:NO.28,OLD MARIYANNA
PALYA ROAD,MUNESHWARA NAGAR,
BOMMANAHALLI,
BANGALORE-560 068
88 . A T JOSEPH
S/O THOMAS A J
AGED ABOUT 35 YEARS
R/AT: C/O MANGALORE BAKERY,
GOVINDA SHETTY PALYA,
ELECTRONIC CITY POST,
BANGALORE-560 100
17
89 . V SHANKARA
S/O R VENKATARAMANAPPA,
AGED ABOUT 47 YEARS,
R/AT:NO.590/A,14TH MAIN,
4TH CROSS,HANUMANTHANAGAR,
BANGALORE-560 050
90 . Y GANESHA
S/O YELLAPPA,
AGED ABOUT 47 YEARS
R/AT:THUBARAHALLY PALYA,
RAMAGONDANAHALLY,
BANGALORE-560 066
91 . D R T PRASAD
S/O RAMAPPA DODDADAKA,
AGED ABOUT 46 YEARS,
R/AT:C/O MANGALORE LUNCH HOME,
2ND STAGE,PEENYAINDL ESTATE,
BANGALORE-560 058
92 . A W MARIA DASS
S/O ANTHONY WILLIAMS,
AGED ABOUT 49 YEARS,
R/AT:NO.19,MOUNA GURU MUTT ROAD,
THIMMAIAH GARDEN,COX TOWN,
BANGALORE-560 005
93 . VIJAYA KUMAR PHATATE
S/O BHIMASHAKAR PHATATE
AGED ABOUT 54 YEARS,
RESIDING AT NO. 10/B,
5TH MAIN, 11TH CROSS,
MALLESHPALYA,
BANGALORE-560 175
94 . J.K. LAKSHMINARAYANA
S/O LATE VENKATAPPA
AGED ABOUT 58 YEARS,
RESIDING AT: NO.648,
1ST MAIN,
3RD CROSS, MATHIKERE,
BANGALORE-5600540
18
95 . LAKSHMINARASIMHAIAH
S/O M.C. YOGANARASIMHAIAH
AGED ABOUT 53 YEARS,
RESIDING AT: NO. 24,
SMS LAYOUT,OPP: GOVT. SCHOOL,
18TH MAIN, 5TH PHASE,
J.P. NAGAR,BANGALORE-560 078.
96 . M. DAMODAR
S/O MUNISWAMY,
AGED ABOUT 45 YEARS,
RESIDING AT: NO.2582,
11TH MAIN ROAD,
"E" BLOCK,
II STAGE, RAJAJINAGAR,
BANGAL0RE-560 010.
97 . T. RAVI
S/O LATE S. THANDAVA MURTHY
AGED ABOUT 53 YEARS,
RESIDING AT: NO.54,
III CROSS,
SAIBAB NAGAR,
SRIRAMPURAM
BANGALORE-560 021.
98 . V. VIJAYA KUMAR
S/O M. VENKATESH
AGED ABOUT 53 YEARS,
RESIDING AT: NO.32, "MANVI"
1ST CROSS,MEG LAYOUT,
A. NARAYANAPURA,
BANGALORE -560 016.
99 . J. AKBAR
S/O JANI,
AGED ABOUT 58 YEARS,
RESIDING AT: NO.716,
1ST FLOOR, 5TH CROSS,
SYEED BLOCK, HAL,
ANNASANDRA PALYA,
BANGALORE-560 017.
100 . GOPALAKRISHNA V. PANDEKAR
19
S/O VASANT
AGED ABOUT 56 YEARS,
RESIDINGA AT: NO.5,
NEW SHAMAMMA BUILDING,
CHURCH ROAD,
MURUGESHPALYA,
BANGALORE-560 017.
101 . V. SRIDHARA MURTHY
S/O V. RAGHUNADHAIAH,
AGED ABOUT 53 YEARS,
RESIDING AT: NO.2, 12TH CROSS,
HANUMAIAHSTRA NO.2,
ANNASANDRA PALYA EXTN,
VINAYAKA NAGAR,
H AL POST,
BANGALORE-560 017.
102 . G. THANGAMANI
S/O GANAPATHY
AGED ABOUT 53 YEARS,
RESIDING AT: NO.143,
ARMSTRONG ROAD,
SHIVAJI NAGAR,
BANGALROE-560 001.
103 . B. MARIGOWDA
S/O BYREGOWDA
AGED ABOUT 53 YEARS,
RESIDING AT:NO.2,
4TH CROSS, 7TH MAIN,
C.N. PALYA, 2ND STAGE,
BANGALORE-560 073.
104 . LATHISH KUMAR K.R
S/O RAMASETTY
AGED ABOUT 27 YEARS,
RESIDING AT:NO.391/2,
2ND FLOOR, 13TH CROSS,
ANNASANDRAPALYA, HAL (POST0,
BANGALORE-560 017.
105 . MANJE GOWDA
S/O RAMEGOWDA,
20
AGED ABOUT 40 YEARS,
RESIDING AT:
106 . G. JAGADEESHA
S/O GURULINGEGOWDA
AGED ABOUT 40 YEARS,
RESIDING AT: NO.E-137,
NORTH 4TH LANE ITI QUARTERS,
DOORVANI NAGAR,
BANGALORE-560 016.
107 . UMA MAHESH
S/O B.P. MRUTHUNJAYA
AGED ABOUT 37 YEARS,
RESIDING AT: NO.1992, 8TH CROSS,
BELLANDUR,
BELLANDUR POST,
BANGALORE-560 103.
108 . B.S. RAVI KUMAR
S/O SIDDARAM
AGED ABOUT 46 YEARS,
RESIDING AT NO.5, OLD TOWNSHIP
H.A.L COLONY,
BANGALORE-560 017.
109 . M.N. VELU
S/O NARAYANASWAMY
AGED ABOUT 59 YEARS,
RESIDING AT:NO.74,
YAMALUR POST,
BANGALORE-560 037.
110 . B RANGHO FERNANDO
S/O LATE BORGIN FERNANDO
AGED ABOUT 52 YEARS,
RESIDING AT NO.667, 5TH FLOOR,
H A L APATMENTS ,
MARATHAHALLI PO
BANGALORE-560037
111 . NELAKANTHAPPA PATTAR
S/O BHIMARAYA PATTAR
21
AGED ABOUT 55 YEARS,
RESIDING AT NO.43/1, 1ST CROSS,
NAVODAYA ROAD,
MANJUNATHA LAYOUT,
MARATHALLI, BANGALORE-560037
112 . K BASAVARAJU
S/O LATE P KISHANAPPA
AGED ABOUT 59 YEARS,
RESIDING AT NO.13,
BET 4TH & 5TH MAIN,
1ST CROSS, B H E L MINI COLONY,
PIPE LINE ROAD, T DASARAHALLI,
BANGALORE-560057
113 . C S CHANDRASHEKAR
S/O C G SRINIVASA MURTHY
AGED ABOUT 53 YEARS,
RESIDING AT NO.6, IV BLOCK,5TH MAIN,
THYAGAAJANAGAR,
BANGALORE-560028
114 . K B SASHIDHARA
S/O K B BASAPPA
AGED ABOUT 50 YEARS,
RESIDING AT NO.2, KAVANA,
RAMAIAH EDDY COLONY,
SECTOR B BASAVANAGAR
BANGALORE-560037
115 . I CHTTI BABU
S/O IYYAKANNU
AGED ABOUT 49 YEARS,
RESIDING AT NO.50,
MEGA CITY BEML LAYOUT,
MARGONDANAHALLI MAIN ROAD,
T C PALAYA P.O.
BANGALORE-560049
116 . N N MAHALINGAPPA
S/O NINGEGOWDA,
AGED ABOUT 44 YEARS,
RESIDING AT GBJ 300, 9TH CROSS,
HAL NEW TOWNSHIP, MARATHAHALLI,
22
BANGALORE-560037
117 . M PURUSHOTHAM REDDY
S/O M DHANANJAYA REDDY,
AGED ABOUT 39 YEARS,
RESIDING AT 301,
ULTIMATE SHELTES
3RD CROSS
VENKATESHWARA COLONY,
NEW THIPPSANDRA,
BANGALORE-560075
118 . A ASHWIN KUMAR
S/O R ANANDA MURTHY
AGED ABOUT 31 YEARS,
RESIDING AT NO.35, 4TH CROSS,
2ND STAGE, CHANDRA LAYOUT,
VIJAYANAGAR,
BANGALORE-560040
119 . MAHESHA
S/O GANGADHARA
AGED ABOUT 35 YEARS,
RESIDING AT NO.41, 9TH F CORSS,
HEGGANAHALLY CROSS,
BANGALORE-560091
120 . B K BASAVARAJ
S/O BASAVANNA GOWDA
AGED ABOUT 35 YEARS,
RESIDIANG AT FA-716,
HAL CTS, MARATHAHALLI,
BANGALORE-560037
121 . A M PARAMESHA
S/O MUDALAGIRIGOWDA,
AGED ABOUT 60 YEARS,
RESIDING AT G -595, 1ST MAIN
11TH CROSS, CTS, HAL,
M. HALLI P.O
BANGALORE-560037
122 . K M SOMASHEKARA
23
S/O MARISWAMY
AGED ABOUT 38 YEARS,
RESIDING AT NO.26,27TH CROSS,
39TH MAIN, D GROUP LAYOUT,
SRIGANDAKAVAL, V N POST
BANGALORE-560079
123 . T R GAJENDRA
S/O RANGASWAMY
AGED ABOUT 38 YEARS,
RESIDING AT NO.3,
BINDU , 3RD MAIN,
EAKADANTA NAGAR, HEROHALLI,
BANGALORE-560091
124 . VENKATESHA
S/O ACHANNA POOJARY
AGED ABOUT 45 YEARS,
RESIDING AT NO.FA 477,
OLD TOWNSHIP,
HAL, VIMANAPUA POST,
BANGALORE-560017
125 . V MAREGOWDA
S/O VEERAPPA
AGED ABOUT 45 YEARS,
RESIDING AT G-150,
OLD TOWNSHIP,
HAL COLONY, VIMANAPURA (POST),
BANGALORE-17
126 . NEELAKANTAPPA SARASAMBI
S/O IRAPPA
AGED ABOUT 45 YEARS,
RESIDING AT NO.8,
JYOTHINIVAS SACRED
TRUST STREET, T C PALYA, K R PURA,
BANGALORE-560036
127 . B NAGARAJU
S/O BAVACHAR
AGED ABOUT 35 YEARS,
RESIDING AT G-509,
8TH CROSS, 1ST MAIN,
24
C T S, HAL, MARATHALLI,
BANGALORE-560037
...PETITIONERS
(BY SMT B V VIDYULATHA, ADVOCATE FOR P2 TO P11, P24, P82, P95,
P109, P111, P119 & P121)
AND
1 . THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES,
PAMPA MAHAKAVI ROAD,
CHAMARAJPET,
BANGALORE 18
2 . THE REGISTRAR OF CO-OPERATIVE
SOCIETY, NO.1, ALIASKAR ROAD,
BANGALORE 52
3 . THE SECRETARY CO-OPERATION
GOVERNMENT OF KARNATAKA,
M.S. BUILDING,
BANGALORE 560001
4 . THE ADMINISTRATOR
THE AIRCRAFT EMPLOYEES
HOUSE BUILDING,
CO-OPERATIVE SOCIETY LTD,
NO.15, 1ST CROSS, C.K.C. GARDEN,
OPP. BIO HOSTEL, K.H ROAD,
(DOUBLE ROAD)
BANGALORE 27
5 . THE ADMINISTRATOR
THE AIRCRAFT EMPLOYEES
CREDIT CO-OPERATIVE SOCIETY LTD,
OLD SBI BUILDING,
SURANJANDAS ROAD,
VIMANAPURA, H.A.L.
BANGALORE 17
6 . THE AIRCRAFT EMPLOYEES
CO-OPERATIVE SOCIETY LTD,
REPRESENTED BY ITS SECRETARY,
25
NO.15, 1ST CROSS, C.K.C. GARDEN,
OPP: BIO HOSTEL,
K.H ROAD, (DOUBLE ROAD)
BANGALORE 27
...RESPONDENTS
(BY SRI SPOORTHY HEGDE, HCGP FOR R1, R3 & R5
SRI JAYAKUMAR S PATIL, SENIOR COUNSEL FOR
SRI BIPIN HEGDE, ADVOCATE FOR R4
SRI SHREEDHARA B E, ADVOCATE FOR C/R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER AT ANNEXURE -J DTD 5.1.2015 PASSED BY THE R-1 AND ETC.
IN WP NO.12188/2015
BETWEEN
1 . SRI SATHEESH KUMAR K
AGED ABOUT 42 YEARS,
S/O SRI KRISHNE GOWDA,
R/AT NO.GBJ 235, 10TH CROSS,
1ST MAIN, HAL QUARTERS,
MARTHAHALLI,
BANGALORE-560037.
2 . SRI MANJUNATHA R K
AGED ABOUT 33 YEARS,
S/O KRISHNAPPA R,
RESIDING AT NO.22,
SKANDA NILAYA,
9TH MAIN, 4TH C CROSS,
K.N.EXTENSIO,
YESHWANTHPUR,
BANGALORE-560022.
3 . SRI SOMASHEKAR V
AGED ABOUT 31 YEARS,
S/O VENKATESHAPPA,
R/AT NO.GBJ 128, I MAIN,
EAST EXTENSION TOWNSHIP
HAL QUARTERS,
MARTHAHALLI,
BANGALORE-560037.
26
4 . SRI HARISHA M N
AGED ABOUT 34 YEARS,
S/O NAGRAJA RAO M.L.
144, 3RD CROSS,
RAJYOTSAVANAGERA,
KUMARASWAMY LAYOUT,
2ND STAGE,
BANGALORE-560078.
5 . SRI CHANDAN KUMAR T R
AGED ABOUT 33 YEARS,
S/O.T.R.RENUKANAND,
RESIDING AT NO.GB 20,
5TH MAIN 5TH CROSS,
HAL OLD TOWNSHIP VIMANAPURA,
BANGALORE-560017.
6 . SRI NANDEESHA S N
AGED ABOUT 34 YEARS,
S/O NAGARAJ S.R.
RESIDING AT NO.89,
8TH CROSS, VENKATAPURA,
KORAMANGALA,
BANGALORE-560034.
...PETITIONERS
(BY SRI K SUMAN, SENIOR COUNSEL FOR
SRI K DIVAKAR AND SIDHARTH SUMAN, ADVOCATES)
AND
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
COOPERATION DEPARTMENT,
MULTISTOREYED BUILDING,
DR.AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE JOINT REGISTRAR OF CO-OPERATION
BENGALURU REGION,
PAMPAMAHAKAVI ROAD,
CHAMARAJPET,
BENGALURU-560018.
27
3. THE AIRCRAFT EMPLOYEES CREDIT
CO-OPERATIVE SOCIETY LIMITED,
OLD SBI BUILDING, SURANJANDAS ROAD,
VIMANAPURA, H.A.L.,
BENGALURU-560017,
BY ITS ADMINISTRATOR
4. THE AIRCRAFT EMPLOYEES HOUSING
CO-OPERATIVE SOCIETY LIMITED,
NO.15, 1ST CROSS, OPP. TO B.IO. HOSPITAL,
C.K.C. GARDEN, K.H.ROAD,
BENGALURU-560027
BY ITS ADMINISTRATOR.
...RESPONDENTS
(BY SRI SPOORTHY HEGDE, HCGP FOR R1 & R2
SRI JAYAKMAR S PATIL, SENIOR COUNSEL FOR
SRI BIPIN HEGDE, ADVOCTE FOR R3 & R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE ORDER
DATED 5.1.2015 PASSED BY THE R-2 VIDE ANNEXURE-A
AND ETC.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR
ORDERS ON 17.11.2023 COMING ON FOR 'PRONOUNCEMENT OF
ORDER' THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The present petitions are filed to quash/set aside the order
bearing No.JRB/RGN/Vibhajana/45/2014-15, dated 5.1.2015
passed by the second respondent - Joint Registrar of Cooperative
Societies.
2. The relevant facts necessary for consideration of the
present petitions are that, a society by name "The Aircraft Co-
operative Society Limited" (hereinafter referred to as 'the
Society/Parent Society') was registered under the Mysore Co-
operative Societies Act, 1948, on 4.2.1954 and the employees
and officers working at the Hindustan Aircrafts Limited (HAL)
were its members.
3. The petitioners in the writ petitions are the members
of the Society. It is the case of the petitioners that initially the
Society was to advance various types of loans to its members.
Subsequently, the objects of the society were amended and
housing activities were included in the byelaws vide amendment
dated 18.12.1964. It is the further case of the petitioners that a
proposal to bifurcate the society by splitting the objectives to be
taken over and run by two independent Co-operative societies
i.e., one for the credit facilities and another for the housing
activities was made and in the Annual General Meeting (AGM)
held on 14.9.2014, the said aspect i.e., bifurcating the society
was listed as an agenda.
4. It is the contention of the petitioners that the said
AGM held on 14.9.2014 was fraught with various illegalities. In
the said meeting, a resolution was passed for bifurcation of the
Society and two letters dated 12.11.2014 were addressed to the
second respondent - Joint Registrar to approve the byelaws of
the two bifurcated societies. Various information were sought,
consequent to which by an order dated 5.1.2015 the second
respondent approved the bifurcation of the society into 'The
Aircraft Employees Credit Co-operative Society' (hereinafter
referred to as 'the credit society') and 'The Aircraft Housing Co-
operative Society (hereinafter referred to as 'the housing
society') and administrators were appointed to the said societies.
Being aggrieved by the said order dated 5.1.2015 the present
writ petitions are filed.
5. Learned Senior Counsel, Sri K.Suman and learned
Counsel, Smt.Vidyulatha appearing for the petitioners contend
that although there are various factual irregularities with regard
to the manner in which AGM held on 14.9.2014 was conducted,
as also the fact that the members of the parent society were not
made known the agenda with regard to bifurcation, a primary
contention putforth on behalf of the petitioners is that the
requirement under Section 14(4) of the Karnataka Co-operative
Societies Act, 1959 (hereinafter referred to as 'the Act') has not
been followed inasmuch as the notice ought to have been issued
by the parent society. However, in the present case the notice
has been issued by the bifurcated societies. It is further
contended that an omnibus order has been passed vide the order
dated 05.01.2015 which could not have been passed having
regard to the scope of Section 14(4) of the Act. It is further
pointed on behalf of the petitioners that this Court by orders
dated 27.3.2015 and 8.9.2015 passed in WP.No.12188/2015 had
specifically ordered that the functioning of the bifurcated societies
shall be subject to the result of the writ petition. It is also
contended on behalf of the petitioners that the total number of
members of the parent society are 13745 and as per Rule
14A(j)(5) of the Act, the quorum is 20% of 2749 members and
that in the AGM held on 14.9.2014 only 1955 members attended
the meeting. Hence, the said meeting did not have the requisite
quorum. Hence, they seek for allowing of the writ petitions and
setting aside of the order dated 5.1.2015.
6. Learned Senior Counsel, Sri Jayakumar S.Patil
appearing for respondent Nos.3 and 4 i.e., the bifurcated
societies submits that although there is no strict compliance of
the mandate as stipulated under Section 14(4) of the Act, in the
ultimate analysis it is open to the petitioners to opt to join either
of the societies and if they are not agreeable to the same, their
membership amount would be returned. With regard to the
contention of the petitioners that there was no quorum, the
respondents rely on Section 27(4) of the Act, which stipulates
that the quorum of the General Meeting shall be as specified in
the byelaws, but not less than 1000 or 10%, whichever is less.
Hence, he seeks for dismissal of the writ petitions.
7. Learned AGA supporting the order dated 5.1.2015
submits that the second respondent merely acceded to the
request made by the society pursuant to the resolution passed in
the AGM held on 14.9.2014 and that, the order dated 5.1.2015 is
just and proper.
8. The submissions made on behalf the parties have
been considered and the material on record has been perused.
The question that arises for consideration "whether the order
dated 5.1.2015 is contrary to law and liable to be set aside?".
9. Before considering the rival contentions, it is
necessary to notice the relevant necessary statutory provisions:
9.1 Section 14 of the Act provides for Amalgamation,
transfer of assets and liabilities and division of co-operative
societies.
9.2 Section 14(1) stipulates that a co-operative society,
by a resolution passed by two-thirds majority of the members
present and voting at a general meeting may divide itself into
two or more societies, or transfer its assets and liabilities by a
resolution.
9.3 Under Section 14(2) it is open for two or more
societies to amalgamate themselves and form a new co-operative
society by a resolution passed by two-thirds majority of its
members at a general meeting.
9.4 Section 14(3) stipulates that any resolution under
Sub-section (1) or (2) of Section 14(1) shall contain all the
particulars of transfer, division or amalgamation and shall not
have any effect unless approved by the Registrar.
9.5 Sections 14(4), 14(5), 14(6) and 14(7) read as under:
"(4) When a co-operative society has passed any
such resolution, and it has been approved by the
Registrar, the co-operative society shall give notice
thereof in writing to all its creditors and such members of
the society as did not vote in favour of the resolution
and, notwithstanding any bye-laws or contract to the
contrary, any creditor or any member to whom such
notice is given shall during the period of one month from
the date of service of the notice upon him, have the
option of withdrawing his shares, deposits or loans, as
the case may be.
(5) Any member or creditor who does not exercise
his option within the period specified in sub-section (4)
and every member who has voted in favour of the
resolution shall be deemed to have assented to the
proposals contained in the resolution.
(6) A resolution passed by a co-operative society
under this section shall not take effect until either,--
(a) the assent thereto of all the members and
creditors has been, or deemed to have been,
obtained under this section or;
(b) all claims of members and creditors who
exercise the option referred to in sub-section (4)
within the period specified therein, have been met
in full.
(7) Where a resolution passed by a co-operative
society under this section involves the transfer of any
assets and liabilities, the resolution shall,
notwithstanding anything contained in any law for the
time being in force, be a sufficient conveyance to vest
the assets and liabilities in the transferee without any
further assurance."
(emphasis supplied)
10. It is clear that Section 14(4) of the Act specifically
mandates that, when a resolution has been passed and approved
by the Registrar, the co-operative society shall give notice
thereof in writing to all its creditors and such of the members of
the society, who did not vote in favour of the resolution. The
contention putforth on behalf of the petitioners is that the notice
as provided under Section 14(4) has not been given by the
Society.
11. It is not in dispute that consequent to the resolution
passed by the society in its AGM held on 14.9.2014 and the order
dated 5.1.2015, the notice as required under Section 14(4) of the
Act has been given by the bifurcated societies and not by the
parent society and hence, to that extent there is non-compliance
of Section 14(4) of the Act.
12. It is further contended on behalf of the petitioners that
when a statute stipulates a thing to be done in a particular
manner, the same is required to be done in the said manner.
Reliance is placed on the judgment of the Hon'ble Supreme
Court in the case of Union Bank of India Vs. Sunview Assets
Private Limited1 wherein the Hon'ble Supreme Court held as
follows:
"28. Now, it is well-settled proposition of law that
when a statute requires a particular thing to be
done in a particular manner, it must be done in
that manner or not at all, and other methods of
performance are necessarily forbidden."
(emphasis supplied)
13. It is the contention of the bifurcated societies that
consequent to the order dated 5.1.2015, notices dated 24.1.2015
and 4.2.2015 have been issued by the Administrators of the
(2023) 10 SCC 232
bifurcated societies and paper publication has also been taken. It
is the further contention on behalf of the bifurcated societies that
the members have been notified of the bifurcation and the
persons who were interested in getting a site or persons who
were earlier allotted sites or who have paid consideration towards
the sites were to be members of the House Building Society and
those who had neither applied for a site nor paid any amount
towards the site nor have taken a loan were to be continued as
members of the Credit Society and the persons who have not
availed of any benefit would continue in the Credit Co-operative
Society. It is contended that, the petitioners, consequent to
notice to be issued to them under Section 14(4) of the Act would,
at best be, entitled to exercise the option as contemplated under
the said provision. It is the further contention of the bifurcated
societies that various acts have been done consequent to the
bifurcation.
14. Learned Senior Counsel appearing for the bifurcated
societies relies on a Constitution Bench judgment of the Hon'ble
Supreme Court in the case of Daman Singh v. State of
Punjab2 to contend that, once a person becomes a member of a
(1985) 2 SCC 670
co-operative society he loses his individuality qua the society and
he has no independent right except those given to him by the
statute and byelaws. The said judgment is sought to be
distinguished by the petitioners by pointing out that the said
finding recorded by the Hon'ble Supreme Court is having regard
to the contention putforth by the petitioners in the said case that
the amalgamation of a society contravenes Article 19(1)(c) of the
Constitution of India, which guarantees to citizens the right to
form associations and unions. Further it is pointed out that in the
said case, the statute i.e., the Punjab Co-operative Societies Act
had provided for compulsory amalgamation of the co-operative
societies.
15. It is forthcoming from the aforementioned that the
resolution has been passed by two-thirds majority of the
members present. Further, the Registrar has passed the order
dated 05.01.2015 approving the resolution. The process up to
the stage cannot be faulted.
16. It is further relevant to note that Section 14(4) of the
Act mandates that the notice consequent to resolution approved
by the Registrar ought to be issued by the original society which
admittedly, in the present case has not been done.
17. In the present situation, in order to adjudicate upon
the right of the petitioners vis-à-vis the relief that can be
granted, it is relevant to note that the notice under Section 14(4)
of the Act is required to be issued to all the creditors and such
members who did not vote in favour of the resolution and upon
such notice, the noticees are entitled to withdraw their shares,
deposits or loans within one month from the date of service of
the notice, as the case may be. It is further forthcoming from
sub Section (5) of Section 14 of the Act that if the member or
creditor does not exercise his option within the period specified in
sub Section (4) of Section 14 of the Act, the notice is deemed to
have assented to the proposals contained in the resolution. It is
further stipulated under sub Section (6) of Section 14 that the
resolution passed by a Co-operative Society under Section 14 of
the Act shall not take effect until either the assent of all members
and creditors has been or deemed to have been obtained under
this Section or all claims of members and creditors who exercise
the option of withdrawing their shares, deposits or the loans have
been met in full.
18. It is forthcoming from the aforementioned, that
merely because the notice as per Section 14(4) of the Act has not
been issued, at best, the same is as an irregularity in respect of
which the relief is required to be moulded in the present writ
petition.
19. The non issuance of notice by the parent Society is
required to be held as an irregularity having regard to the fact
that once a person becomes a member of the Society, he loses
his individuality and is bound by decisions taken by the Society
in accordance with law. However, the process of bifurcation is
required to be completed so that the measures stipulated under
sub Section (4) and (5) of Section 14 of the Act are completed in
accordance with law.
20. The contention of the petitioners that the quorum of
the AGM was less than 20% is required to be rejected having
regard to the specific stipulation contained under Section 27(4) of
the Act that the quorum shall not be less than 1000 or 10%,
whichever is less.
21. The various other contentions sought to be made by
the petitioners with regard to the factual assertions as to the
conduct of the AGMs have to be viewed from the assertions of
the contesting respondents that the AGMs have been conducted
in accordance with law. Hence, the same being disputed
questions of fact, cannot be adjudicated upon in the present writ
petitions.
22. Although, it is the vehement contention on behalf of
the Petitioners that the bifurcation of the society not being in
accordance with Section 14(4) of the Act and the functioning of
the bifurcated Societies being subject to the result of the present
writ petition, the bifurcation of the Society is required to be set
aside is not liable to be accepted having regard to the finding
recorded hereinabove that non compliance of Section 14(4) of the
Act could, at best, be an irregularity.
23. Having regard to the aforementioned, the question of
granting the relief as sought for by the petitioner in the writ
petition i.e., for quashing/setting aside of the order bearing
No.JRB/RGN/Vibhajana/45/2014-15 dated 05.01.2015 does not
arise. However, the present writ petitions are disposed of by
directing;
i) The Registrar of Co-operative Societies to issue notice
to the Petitioners on behalf of the parent Society notifying
them the stipulations as contemplated under sub-section (4)
of Section 14 of the Act.
(ii) Upon their response, the Registrar shall adjudicate
upon the same and also decide as to the proportion in which
the bifurcated Societies shall be liable to satisfy the claim of
the Petitioners.
(iii) The Registrar shall do the needful and submit the
compliance report to this Court within three months from
today.
Sd/-
JUDGE
nd/BS
