B. VEERAIAH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is disqualified from the respondent No.6- Society is before this Court for writ of mandamus directing the respondent Nos.5 and 6 to conduct election to the management of respondent No.6 by permitting the petitioner to contest in the general elections to elect the Board of Management of the respondent No.6- Society scheduled to be held on 31.03.2020.

(2.) It is the case of the petitioner that the petitioner was a member of respondent No.6 Society having been inducted to the membership from the past several years. He is interested in the well being of the society and also had financial interest in the same. The respondent No.6 is a Credit Co-operative Society and is catering to the needs and requirements of its members. It is governed under the Karnataka Co-operative Societies Act. It is further contended that respondent No.6 is administered by an elected Board which was last elected in the year 2015. Over the years, the regular membership of respondent No.6 Society has swelled. Respondent Nos.1 to 4 have declared elections to the Management of the respondent No.6 and it is scheduled to be held on 31.03.2020. It is further case of the petitioner that petitioner was a Director of the respondent No.6 society and the respondent No.6 in turn affiliated to the respondent No.7 which is a federation of Credit Co-operative Societies representing its interests. As a Director of respondent No.6, the petitioner became eligible to become a Director of respondent No.7 federation and he became its elected representative in the election which was held on 20.07.2014. The elections to the respondent No.6 was held on 08.03.2015. In that election, the petitioner was defeated and he was not a Board member or Director. In the meanwhile, a dispute was raised challenging the continuation of the petitioner as a Director of the respondent No.7 as he was no longer a Director of the respondent No.6 from where he was elected as a Director of the respondent No.7 federation. The dispute culminated in an appeal before the respondent No.3- the Registrar of Co-operative Societies in UBC-7/289/INELIGIBLE/2015-16. The respondent No.3 by its order dated 27.09.2017 held that since the petitioner is no longer a member of the respondent No.6 society, he has violated the provisions of Section 18-B of the Karnataka Co-operative Societies Act and consequently, the petitioner cannot become a Director of any society for a period of three years as per Section 29(8)(d) of the Karnataka Co-operative Societies Act. Hence, the petitioner is before this Court for the relief sought for.

(3.) I have heard the learned counsel for the parties to the lis.