STATE OF MYSORE versus ALLUM KARIBASAPPA & ORS.

STATE OF MYSORE versus ALLUM KARIBASAPPA & ORS.

The notifications suffered from two fatal infirmities: section 54 did not confer power to supersede the Committee of Management or remove the President and Vice-President, and, further, the notifications were issued in violation of principles of natural justice as the statutory requirements for supersession set out in section 30, including notice and opportunity to object, were not followed. Thus, the impugned orders were ultra vires and invalid.

Parties
Appellant: State of Mysore; Respondents: Allum Karibasappa and Others
Jurisdiction
India
Judgment Date
06 August 1974
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 1 June, 1973 of the Mysore High Court at Bangalore in W.p. No. 1949 of 1972
Outcome
Appeal dismissed
Legal Topics
Supersession of Management, Natural Justice, Statutory Interpretation
Administrative Law Co Operative Societies Law Supersession of Management Natural Justice Statutory Interpretation

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Parties

State of Mysore

Appellant

Allum Karibasappa and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 1 June, 1973 of the Mysore High Court at Bangalore in W.p. No. 1949 of 1972

Legal Issues

  1. 1 Whether the notifications issued by the State Government under section 54 of the Mysore Co-operative Societies Act, 1959, superseding the Committee of Management and appointing a new committee, were ultra vires the Act
  2. 2 Whether the supersession was in violation of principles of natural justice

Ratio Decidendi

The notifications suffered from two fatal infirmities: section 54 did not confer power to supersede the Committee of Management or remove the President and Vice-President, and, further, the notifications were issued in violation of principles of natural justice as the statutory requirements for supersession set out in section 30, including notice and opportunity to object, were not followed. Thus, the impugned orders were ultra vires and invalid.

Court Disposition

Appeal dismissed

Orders

  • State of Mysore to pay costs to the respondents