Case Note & Summary
The petitioner, Prakash Ramachandra Hegde, was a director of Dodmane Group Village Seva Cooperative Society. The Deputy Registrar of Cooperative Societies, Karwar, passed an order dated 27.11.2024 suspending the petitioner as director under Section 29A of the Karnataka Cooperative Societies Act, 1959. The petitioner challenged this order by filing a writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the suspension order. The main ground of challenge was that the order was passed without issuing any show-cause notice and without affording an opportunity of hearing, thereby violating the principles of natural justice. The respondents, including the Registrar and Deputy Registrar, were represented by the Additional Advocate General. The court examined the impugned order and noted that it did not indicate any notice or hearing having been given to the petitioner. The court held that even though Section 29A confers summary powers on the Registrar to suspend a director, such power must be exercised in accordance with the principles of natural justice. Since no show-cause notice was issued and no hearing was afforded, the order was unsustainable. The court allowed the writ petition, quashed the impugned order, and directed that the petitioner be reinstated as director. The court also clarified that the respondents were at liberty to proceed afresh in accordance with law after complying with natural justice.
Headnote
A) Cooperative Law - Suspension of Director - Natural Justice - Section 29A of the Karnataka Cooperative Societies Act, 1959 - The Deputy Registrar suspended the petitioner as director of a cooperative society without issuing any show-cause notice or affording an opportunity of hearing. The court held that the power under Section 29A, though summary in nature, must be exercised in conformity with principles of natural justice. The order was quashed as it was passed in violation of natural justice. (Paras 1-10) B) Constitutional Law - Writ of Certiorari - Violation of Natural Justice - Article 226 of the Constitution of India - The court allowed the writ petition and quashed the impugned order dated 27.11.2024 passed by the Deputy Registrar, as the order was passed without any notice or hearing, thereby violating the principles of natural justice. (Paras 1-10)
Issue of Consideration
Whether the order of suspension of the petitioner as director of a cooperative society passed by the Deputy Registrar without issuing a show-cause notice and without affording an opportunity of hearing is sustainable in law.
Final Decision
The court allowed the writ petitions, quashed the impugned order dated 27.11.2024 passed by the Deputy Registrar of Cooperative Societies, Karwar, and directed that the petitioner be reinstated as director. The respondents were at liberty to proceed afresh in accordance with law after complying with principles of natural justice.
Law Points
- Natural justice
- Show-cause notice
- Hearing
- Suspension of director
- Cooperative societies
- Section 29A Karnataka Cooperative Societies Act
- 1959
- Writ of certiorari
