w w w . L a w y e r S e r v i c e s . i n



R.M. Manjunath Gowda v/s The State of Karnataka, Rep. by its Principal Secretary & Others


Company & Directors' Information:- R.M.INDIA PRIVATE LIMITED [Active] CIN = U45400GJ2016PTC092604

    Writ Petition No. 8891 of 2020 (CS-RES)

    Decided On, 14 August 2020

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE KRISHNA S. DIXIT

    For the Petitioner: Jayakumar S. Patil, Senior Counsel, Mahamad Tahir, Advocate. For the Respondents: R1 to R3 & R6, Prabhuling K. Navadgi, AGA, R. Srinivasa Gowda, R5, Dayanand S. Patil, R4 & R7, P.N. Manmohan, R8, G.V. Shashikumar, Advocates.



Judgment Text


(Prayer: This Writ Petition is filed Under Articles 226 and 227 of the Constitution of India praying to exercise the jurisdiction under Article 226 and 227 of the Constitution of India and to issue a) a writ in the nature of certiorari or any other writ or order quashing order of disqualification dated 14/07/2020 passed by Respondent No.3 pursuant to notice Annexure-J bearing No.JRB/DIS/29-C/06/2020-21 and etc.,)

1. Petitioner being the elected President of 5th respondent - DCC Bank, Shivamogga is knocking at the doors of Writ Court seeking a Writ of Certiorari for invalidation of the order dated 14.07.2020 at Annexure-J whereby the 3rd respondent-JRCS having disqualified his Presidentship has interdicted his officiation, as President of the Bank. He has also questioned by way of amendment of the writ petition, two more orders allegedly being the by-products of the impugned order.

2. After service of notice, the respondents having entered appearance through the learned AGA and other private counsel, resisted the writ petition; regard being had to the then imminent election to the post of President, vacancy therein having occurred vide impugned disqualification, a learned Co-ordinate Judge of this Court vide ad interim order dated 30.07.2020 having stayed the impugned order, had permitted the petitioner to function as the President for a period of six months subject to the rider that he should not take any financial or administrative decisions.

3. When the matter was in Orders List yesterday, for considering the request of a counsel for retirement, other counsel refilling his place, the learned Advocate General appearing for the State mentioned about the difficulty which the respondent-Bank with huge flow of transactions would face with a non-functional President because of the aforesaid conditional interim order; he also mentions about the challenge to the said order in W.A.(FR) No. 436/2020 which is yet to be posted for Preliminary Hearing; he fervently requested the Court for taking up the matter for final disposal, to which learned Sr. Advocate Mr. Jaykumar S.Patil appearing for the petitioner fairly agreed; accordingly the matter having stood adjourned to this day, is taken up for final hearing with the consent of all.

4. Learned Sr. Advocate Mr. Patil vehemently submits that the impugned order is contrary to law; it is a product of unfair procedure followed by the 3rd respondent in whom the petitioner having not reposed faith had sought for transfer of the case; the entire enquiry proceeding was accomplished in a culpable haste, giving rise to some ulterior presumptions; Mr. Patil also mentions about the credentials of the petitioner that he has been the popularly elected President for the last ten consecutive years and that there has been some vendetta from the quarters that be, which has eventually resulted into his unjustifiable disqualification. So arguing he prays for allowing of the writ petition.

5. Learned Advocate General appearing for the official respondents having stood tall at the Bar straightaway submitted that: regardless of alleged illegalities that have arguably infected the impugned order, fair play which is an essential element of adjudication, requires that the 3rd respondent in all fitness of things could have refrained from deciding the matter; however, no aspersions can justifiably cast on him; therefore the impugned order be set at naught so that the matter is remanded for consideration afresh at the hands of any one of the four Joint Registrars enlisted in the Memo, filed this day.

6. Learned Sr. Advocate Mr. Patil standing equally tall at the Bar declined the offer made by the learned AG to choose any of the four Joint Registrars for accomplishing fresh consideration of the remand stating that he has no reason to doubt any of them and that this Court in its discretion may choose one so that the matter after remand will have a fair treatment, with the participation of all the stake holders; however he points out that, for the said purpose, four weeks as suggested by the learned AG will not be sufficient, but six weeks might be.

7. In view of the fair & reasonable stand taken up by both the sides and the demonstrable error apparent on the face of the record namely, Respondent No.3 proceeding with the enquiry despite petitioner's objection thereto, there is no need for elaborate consideration of all the contentions urged on behalf of the petitioner; fairness requires that justice should not only be done but should seem to have been done, as rightly echoed by the learned AG.

In the above circumstances, this writ petition is favoured in part; a Writ of Certiorari issues quashing the impugned order; matter is remanded for consideration afresh with the participation of all the stake holders; the third respondent shall make over the file to the Joint Registrar of Cooperative Societies & Managing Director of DCC Bank, Chitradurga (Mr. Illiyas Ulla Sharief), who shall accomplish the enquiry within an outer limit of six weeks, in accordance with law; all contentions of the parties are kept open.

Petitioner shall officiate as the President of respondent-Bank subject to outcome of the remand, and the rider which the learned Co-ordinate Judge in the circumstances of the case in his wisdom had stipulated in the i

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nterim order referred to above; it is needless to mention that the other orders impugned in the writ petition at Annexures N & L1 shall not be construed to come in the way of this interim arrangement for the limited period. The submission of the learned AG that the W.A. (FR) No.436/2020 having become infructuous shall not be pressed, is placed on record. The fairness and good gestures coming in abundance from the learned Advocate General Mr. Prabhuling K. Navadgi and the learned Sr. Advocate Mr. Jaykumar S.Patil, are rarely seen nowadays. Costs made easy.
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