CHAMANSAB MADANSAB KUMBARWADI Vs. ROSHAN

JUDGEMENT

(1.) as a copy of the judgment was not produced along with the writ appeal, we got the records of the petition produced before us and perused the order dated 23-9-1991 passed in writ petition No. 11424/1991 against which the writ appeal in question is preferred.

(2.) the appellants were nominated by the state government in exercise of itspower under Section 29 (1) of the Karnataka Co-Operative Societies Act, 1959 (hereinafter referred to as 'the act') on 30th april, 1991 as directors of the 7th respondent-the muslim co-operative credit society ltd., tatikoti taluk. The respondents-1 to 6 challenged the validity of the order of the state government in w,p. No. 11424/1991 nominating the appellants. The learned single judge has held that the requirements of Section 29(1) of the act were not satisfied; that the nominations did not fall either under clause (a) or (c) or (d) of Section 29(1) of the act.

(3.) Sri S.Vijaya Shankar, learned senior counsel appearing the appellants, hasputforth the following contentions : that the Provisions of clauses (b) and (d) of sub-section (1) of Section 29 of the act were satisfied; therefore, the state government was well within its power in nominating the appellants as directors of the 7th respondent-society; that at any rate the loan advanced to the 7th respondent-society fell under Section 53 of the Act, therefore, the state government was entitled to nominate on the committee of the 7th respondent-society. Section 29(1) of the act reads thus :