ROSHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the petitioners are the elected directors of the sixth respondent co-operative society which goes under the name and style of muslim co-operative credit society Ltd. ('the society' for short) situate at talikoti. They deeply resent the action taken by the government to induct three persons as members of the executive committee of the society by an executive order at Annexure-D , dated 30th april, 1991 in the purported exercise of the power of the state government under Section 29(1).

(2.) the challenge to the aforesaid order rests on the fact that induction of the nominees of the state government into the executive body of the society which is an autonomous institution run by the share-holders, who are members thereof, was clearly impermissible because the right to nominate members of the executive of the co-operative society is circumscribed by several limitations as enjoined by Section 29 of the Co-Operative Societies Act (for short 'the act') under which the impugned order is professed to have been passed.

(3.) Section 29(1) of the act reads: