JAGADISH PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) As these cases are interconnected, in which the principal parties are also common, we propose to dispose of them by a common judgment. In the course of our judgment, the parties will be referred to with reference to their array in Writ Appeal No. 1904/1980.

(2.) At the City of Gulbarga, that being the District Head Quarters of the same District, there is a Co-operative Society called the 'District Central Cooperative Bank Limited, Gulbarga' (hereinafter referred to as the 'Society') constituted and functioning under the Karnataka Co-operative Societies Act of 1959 (hereinafter referred to as the Act). The Society which is at the apex of the Co-operative Societies of the District is managed by a committee of management consisting of 15 elected directors and 5 nominated directors, the nomination being made by Government under the Act, by virtue of the investments made by it,

(3.) In the general elections held in July 1978, 12 persons including the appellant were elected as directors from various contituencies. On 25-7-1978 Government exercising its power under the Act, nominated 5 persons which was struck down by this Court on 13-10-1978 in Writ Petition No. 8398 of 1978 filed by the appellant. On 26-7-1978 the appellant was elected as the President of the Society. Even though the order made by this Court in the said writ petition, which was substantially affirmed by the appellate Bench on 12-4-79 in Writ appeals Nos. 567, 592 of 1978, 204 and 280 of 1979, did not prohibit Government from making fresh nominations. Government for reasons that are not clear, did not make fresh nominations, with the result, the elected directors continued to manage the affairs of the society till 14-8-1980, on which day as many as 7 elected directors tendered their resignation. On an examination of that fact apprised to it by the Registrar of Co-operative Societies and taking the view that the remaining five directors cannot function, Government by its notification No, RDC. 58 CIM 80 dated 11-9-1980 appointed, the Deputy Commissioner, Gulbarga District, as the Special Officer of the Society with immmediate effect for a period of six months from that date under S. 30-A of the Act On the expiry of the original period specified in the notification impugned in the writ petition Government by its notification No. RDC. 58 CLM 80 dated 11th March, 1981, has extended the period of the Special Officer for a further period of six months.