P. NAGARAJ Vs. JOINT REGISTRAR OF CO

JUDGEMENT

(1.) This Writ Petition is directed against the order dated 16-5-1986 under Annexure-L passed by the Joint Registrar of Co-operative Societies, Mysore Division, Mysore, which reads as follows:-

(2.) The petitioner is stated to be a political worker rendering social service espousing the cause of the people who are socially and economically backward. It is stated that he belongs to Congress-1 party and he was a Director of Mysore District Central Co-operative Whole-sale Stores Ltd., Mysore for the year 1977-78 and he was the President of the said Society during years 1979-81. He was elected as the Director of the aforesaid Society for the year 1983. In the election for Presidentship, the petitioner was a Congress-l nominee. It is alleged that the second respondent is an active member of the Janatha Party and Minister for Co-operation in the Karnataka State who was politically ill-disposed towards the petitioner. The allegation is that the second respondent was bent upon spoiling the political career of the petitioner. The petitioner is also a Director of Karnataka Co-operative Consumers Federation Ltd., Bangalore and a Director of Mysore District Co-operative Union Ltd., Mysore and a Director of Mysore Cooperative Bank Ltd., Mysore besides being a Corporator of the City of Mysore and an Opposition Leader in the Corporation Council. He is also a Member of Gayathri Educational Society, Mysore and several other institutions.

(3.) It is alleged that in 1983 the second respondent sent words through one K. Kempeere Gowda, the erstwhile President of the M.D.C.C. Bank Ltd., Mysore to the petitioner to refrain from contesting in the Presidential elections since the second respondent had nominated certain Members and had directed that one nominee representing the Janatha Party was to contest the Presidential election and that the petitioner should disassociate himself with the election and if the petitioner still persisted, the second respondent would take such action that may be necessary to prevent the petitioner from functioning as the President of the Society and that his future career would be in jeopardy. However, it is stated that the petitioner resisted the threats and contested in the election and he was declared elected as a President of the Society in 1983, in spite of the efforts of the second respondent to thwart the election of the petitioner. It is, therefore, stated that the second respondent caused the appointment of a Special officer for the Society when the petitioner took over charge as the elected President. The petitioner could not take immediate steps to challenge the appointment of the Special officer since according to him, at that time the tragic assassination of Mrs. Gandhi took place. It is also stated that the said order of appointment of the Special officer was passed by the second respondent on the evening of 30-10-1984 and on 31-10-1984 was the assassination of the then Prime Minister of India and the petitioner was in grief and could not think of Court action against the appointment of the Special officer in that predicament.