R.M.MANJUNATH GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(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.