Facts
The petitioners, former office-bearers and directors of the third respondent co-operative society, challenged a 7 August 2026 order under Section 29-C disqualifying them and a consequential order appointing a Special Officer.
Source reference: para. 2–3They also sought consideration of their statutory appeal and interim-stay application.
Source reference: para. 2–3The petitioners complained that the appeal had not been taken up because a proposed impleading application by the original de facto complainant was pending.
Source reference: para. 2–3The Court noted that the complainant’s locus after the order had been passed was in doubt and that the disqualification affected the petitioners’ ability to discharge their duties.
Source reference: para. 4Issues
1. Whether consideration of the petitioners’ statutory appeal and stay application could be deferred pending determination of the proposed complainant’s impleading application, despite the challenge to their disqualification.
Source reference: paras. 3–42. Whether the Court should issue directions for timely consideration of the stay and impleading applications and disposal of the appeal.
Source reference: paras. 6–7Law Applied
The challenged disqualification was made under Section 29-C, and the petitioners had filed a statutory appeal against it.
Source reference: para. 3The judgment does not set out the text of Section 29-C, cite any precedent, or decide the substantive legality of the disqualification.
Source reference: paras. 6–7The Court expressed doubt about the de facto complainant’s locus after the impugned order, but did not finally determine that question.
Source reference: para. 4Reasoning
The Court considered it inappropriate for the appeal to remain unconsidered until the impleading application was decided, particularly because the challenged disqualification prevented the petitioners from discharging their duties as directors and the proposed complainant’s locus was itself in doubt.
Source reference: para. 4The State’s undertaking to hear the stay and impleading applications together on 12 October 2026, and to endeavour to decide the appeal within ten days, addressed the immediate grievance; the Court therefore issued directions to give effect to that undertaking rather than adjudicating the merits of the challenged orders.
Source reference: paras. 6–7Holding
The writ petition was partly allowed.
The petitioners and counsel for the proposed impleading applicant were directed to appear before the Deputy Registrar at 3:00 p.m. on 12 October 2026.
Source reference: para. 7The Deputy Registrar was directed to hear the stay and impleading applications and pass necessary orders within ten days, preferably by 23 October 2026.
Source reference: para. 7The Court did not quash the disqualification or Special Officer orders, nor did it decide the merits of the statutory appeal.
Source reference: para. 7Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
the Act (alias, unresolved)1
Original Court PDF
SHRI SHIVAKUMAR NvsTHE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES,
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