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Judgment
S.R. Krishna Kumar, J
In this petition, the petitioner seeks the following reliefs:
“a) To issue a writ of certiorari quashing the impugned order dated 23.07.2024 in Case No.SaNi43/DIS/04/2024-25, at Annexure-M in the interest of justice and equity.”
b) Issue such other order or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.”
Heard learned counsel for the petitioner and learned Additional Advocate General for respondent Nos.1 to 4 and perused the material on record.
In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior counsel for the petitioner submits that on 27.06.2024, respondent No.3 is alleged to have issued a show-cause notice to the petitioner invoking Section 29-C of the Karnataka Co-operative Societies Act, 1959 (for short “the said Act of 1959”) proposing to disqualify the petitioner from his directorship to respondent No.5-Society. In this context, it was submitted that the said notice was never served upon him and as such, he did not know that the said proceedings were posted on 11.07.2024 and consequently, he could not appear on 11.07.2024. Further, the said notice was actually received by the petitioner only subsequent to 11.07.2024 and the same was challenged in W.P.No.19975/2024 on 23.07.2024. It is also contended that on 26.07.2024, this Court in W.P.No.19975/2024 stayed all further proceedings pursuant to the impugned notice dated 27.06.2024. Thereafter, it transpires that when the petitioner attended the meeting for the purpose of conducting elections on 07.08.2024, he learnt that an order of disqualification under Section 29-C of the said Act of 1959 has already been passed against him on 23.07.2024 and accordingly, the petitioner was not permitted to participate in the elections conducted on 07.08.2024. Subsequently, the petitioner applied for certified copies of the aforesaid impugned order dated 23.07.2024 vide Annexure-M as well as the order sheet and has produced and challenged the same before this Court by way of the present petition.
It is submitted by the learned Senior counsel for the petitioner that in reality, no proceedings took place between 11.07.2024 and 23.07.2024 and respondent No.3 has proceeded to illegally pass the impugned exparte order disqualifying the petitioner, who received a copy of the order only on 16.08.2024, after the same was dispatched by respondent No.3 to him on 14.08.2024. In this regard, it is contended that it was incumbent upon respondent No.3 to immediately dispatch a copy of the disqualification order dated 23.07.2024 and the same was undisputedly dispatched only on 14.08.2024 and not earlier i.e., after holding elections and not earlier. It is therefore submitted that the impugned order at Annexure-M is in violation of principles of natural justice and the same deserves to be quashed.
Per contra, learned AAG appearing for respondent Nos.1 to 4 submits that the show-cause notice was issued on 27.06.2024 and the same was received by the petitioner, who deliberately and intentionally did not appear on 11.07.2024 and 16.07.2024, as a result of which respondent No.3 did not have any option, but to proceed to pass the impugned order dated 23.07.2024, which does not warrant interference in the present petition, which is liable to be dismissed.
Though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed fact that the petitioner did not appear before respondent No.3 on 11.07.2024 and 16.07.2024 and the impugned order was an exparte order passed without the petitioner contesting the impugned proceedings, without expressing any opinion on the merits/demerits of the rival contentions and in order to provide one more opportunity to the petitioner to submit his reply to the show-cause notice and contest the proceedings in accordance with law, I deem it just and appropriate to set aside the impugned order and remit the matter back to respondent No.3 for reconsideration afresh in accordance with law.
In the result, I pass the following:
ORDER
i. The Writ Petition is hereby allowed.
ii. The impugned order at Annexure-M dated 23.07.2024 passed by respondent No.3 is hereby set aside.
iii. The matter is remitted back to respondent No.3 for reconsideration afresh in accordance with law.
iv. Liberty is reserved in favour of respondent No.3 to issue notices and notify the petitioner in accordance with law including indicating the dates of hearing and dates of appearance of the petitioner before respondent No.3.
v. Upon the petitioner receiving the said notice issued by respondent No.3, the petitioner shall appear before respondent No.3 on the dates indicated in the said notice.
vi. On the petitioner entering appearance in the proceedings, respondent No.3 shall provide sufficient and reasonable opportunity to the petitioner and hear him and proceed further, in accordance with law.
vii. All rival contentions on all aspects of the matter including maintainability, jurisdiction etc., of the show-cause notice at Annexure-F dated 27.06.2024 passed by respondent No.3 are kept open and no opinion is expressed on the same.