MUTHURAJU Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioners are the members of Motaganahalli Milk Producers Co-operative Society, Solur Hobli, Magadi taluk [the sixth respondent and which is hereafter referred to as 'the Society'] and in fact, the first petitioner is said to be one of its elected representative. The petitioners have impugned the Society's Board Resolution dtd. 7/6/2021 in Subject No.6 (Annexure- C) and the subsequent order dtd. 23/6/2021 (Annexure-E) by the Assistant Registrar of Co-operative Societies (the fourth respondent). The Board's impugned resolution is for promotion of the seventh respondent, who was working as a "Helper" with the Society, to the post of Chief Executive Officer (CEO) and the fourth respondent's impugned order is granting approval therefor. The petitioners have also sought for directions to the Society to initiate process for constitution of a Recruitment Committee in accordance with the provisions of Rule 17-A of the Karnataka Co- operative Societies Rules, 1960 (for short the 'Rules) to fill up the post of the CEO of the Society.

(2.) The Government by its order dtd. 28/4/1995 has approved, for the Society, the creation of posts of a Secretary (now called 'the CEO'), a Helper and an Assistant. This approval is inter alia subject to the condition that the Society shall not, without prior approval, create new posts or increase the salary of the employees selected to the aforesaid posts with the further condition that the Society shall ensure that the provisions of Rule 17 of the Rules are not violated. The seventh respondent has admittedly completed his SSLC examination and he is appointed as a 'Helper' in the year 2016. The seventh respondent, as of the Society's impugned resolution 7/6/2021, has completed five years of service as a 'Helper'.

(3.) The Society with the retirement of Sri M.N. Jayakrishna, a former CEO, on superannuation on 2/6/2021, has resolved in its meeting on 7/6/2021 [the impugned Resolution as per Annexure - C] to promote the seventh respondent as the CEO ostensibly for the reason that the interests of the Society's members will be better served if a person in service, and therefore acquainted with the affairs of the Society, is promoted. After this resolution dtd. 7/6/2021, the society has addressed communication for necessary approval. The fourth respondent on 10/6/2021 has called for a report from the Co-operative Development Officer.