PREMLATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) by the court. Writ petition nos. 41214-41215/2001 are filed by one Sri subhash s. Koujalagi and Sri ramesh l. Jorkiholi, sitting members of the legislative assembly challenging Annexure 'b', an order dated 24.9.2001.

(2.) writ petition No. 46213 / 2001 is again filed challenging the very same notification by Smt. Premlatha, an ex-member of zilla panchayat. Both the petitions are taken up together by this court.

(3.) the first two petitioners are the sitting members as mentioned earlier and the 3rd petitioner is he former member of zilla panchayat. They say in the petition that they are respected citizens representing certain constituencies in belgaum district. They say in the petition that taking into consideration the social status and the services rendered by them, the government in exercise of its power under Section 29(1) of the act nominated them to the district central co-operative bank ltd., belgaum, in terms of Annexure 'a' on 15.9.2001. According to the petition averments, within 10 days, the state government cancelled the earlier nominations dated 15.9.2001 in terms of Annexure 'b'. Annexure 'b' is challenged by the petitioners in these petitions. Their essential attack is that this endorsement at Annexure 'b' suffers from arbitrariness. The very factum of withdrawal within 10 days according to the petitioner speaks arbitrary exercise of powers. They further say that Annexure 'b' is issued without any reasons and therefore the same is bad in law. They also say that Annexure 'b' in violation of wednusbury principles and doctrine of proportionality in terms of the judgment reported in 2001 (2) SCC 386, AIR 2000 SC 3689. Om Kumar V. Union of India.