C. Narayanaswamy Vs. State of Karnataka - Court Judgment

Excerpt:

.....of order under section 14a: futile to malign order under section 14a superimposed by order under section 15(2) - society rendered non est factum, challenge by erstwhile members unwarranted & ill advised - section 14a(1) providing nobody need be heard, not ground to strike it down: valid & not offending constitutional mandate.;the order under section 15(2) follows in the wake of an order under section 14a being a necessary concomitant of an order of amalgamation passed under section 14a.... it is futile to malign an order under section 14a when it is already superimposed by an order made under section 15(2) as well. there is no gainsay in denying that the society and its members must coexist and that one cannot live without the other. in a case where the society itself is rendered honest factum in the eye of law, those who were members of that society can hardly contend against any action taken by the authority under the act to the detriment of the society. if the society does not exist at all, it vainly leans on the erstwhile members who raise the banner of revolt against the offending order... the effect of cancellation of registration certificates of the..........places brought out a new society called the karnataka, co-operative handloom weavers federation ltd., bangalore who is the third respondent in this writ petition. challenging the order of the second respondent - additional registrar as aforesaid, the erstwhile directors of the two societies i.e., some of them have made a serious grievance of the action taken by the second respondent to wipe out from existence the two societies i.e., 4th and 5th respondents, both of whom had been created due to the initiative of a large number of members of the two societies that had been in existence probably from quite some time.2. the second respondent has since thought it fit to order a fusion of the two societies referred to above on the ground that the same was essential in public interest as well as in the interest of co-operative movement. the operative portion of the second respondent's order is as follows:'under these circumstances, i am satisfied that it is essential in public interest and in the interest of co-operative movement to amalgamate these two apex weavers co-operative societies and to form a single apex society. hence, i pass the following order.

Judgment:

ORDER

Shyamsundar, J.

1. This Writ Petition is by a group of 15 petitioners all claiming to be the elected Directors of two Co-operative Societies viz., Karnataka State Silk Handloom Weavers Co-operative Apex Ltd., Bangalore and the Karnataka State Cotton Handloom Weavers Co-operative Ltd., Bangalore. They are seriously aggrieved by an order of the Additional Registrar of Co-operative Societies dated 29.6.92 vide Annexure-A under which the learned Registrar who is a party respondent in this Writ Petition - (R2) ordered the amalgamation of the two Societies referred to supra who are incidentally respondents 4 and 5 herein and in their places brought out a new Society called the Karnataka, Co-operative Handloom Weavers Federation Ltd., Bangalore who is the third respondent in this Writ Petition. Challenging the order of the second respondent - Additional Registrar as aforesaid, the erstwhile Directors of the two Societies i.e., some of them have made a serious grievance of the action taken by the second respondent to wipe out from existence the two Societies i.e., 4th and 5th respondents, both of whom had been created due to the initiative of a large number of Members of the two Societies that had been in existence probably from quite some time.

2. The second respondent has since thought it fit to order a fusion of the two Societies referred to above on the ground that the same was essential in public interest as well as in the interest of co-operative movement. The operative portion of the second respondent's order is as follows:

'Under these circumstances, I am satisfied that it is essential in public interest and in the interest of Co-operative movement to amalgamate these two Apex Weavers Co-operative Societies and to form a single Apex Society. Hence, I pass the following order.