High CourtsDivision Bench(2012) 11 KAR CK 0036

Sri. Sundaramurthy and Others vs The State of Karnataka and Others

Karnataka High Court · Decided on 29 November 2012

HON’BLE JUDGES
Vikramajit Sen, C.J · B.V. Nagarathna, J
RESULT
Dismissed
CASE NUMBER
W.A. No. 338 of 2012 (CS)

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Judgment

8 paragraphs · 212 words

Vikramajit Sen, C.J.—The petitioners/appellants have sought to invoke Section 35 of the Karnataka Souharda Sahakari Act, 1997, for allowing their plea for an enquiry to be held by the Registrar. Section 35 reads as follows:-

35.

Inquiry: (1) The Registrar may conduct an inquiry or cause an inquiry to be conducted expeditiously into any specific matter touching the constitution, management, working or financial condition of a Co-operative.

(2) An inquiry of the nature referred to in sub-section (1) shall be held on the application of:-

(a) the Federal Co-operative to which the Co-operative is affiliated; or

(b) not less than one-third of the members of the Board of the Co-operative; or

(c) not less than one-month of the total number of members of the Co-operative.

The learned Single Judge has noted that the petitioners/appellants do not fall in any of the three categories mentioned u/s 35(2) of the Act. This position is not controverted even before us. In these circumstances, we find no error in the impugned order. The appeal is devoid of merit and is dismissed.

2.

There is an application for condonation of 62 days in filing the appeal. In view of the fact that we have dismissed the appeal in limine, further consideration of this application does not arise.