N.H.SRIPAD RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals arise out of orders dtd. 28/4/2022 passed by learned Single Judge in W.P.No.233/2022 and W.P.243/2022. Since, common issue arise for consideration in these appeals, they were heard analogously and are being decided by this common judgment. For the facility of reference, we shall advert to the facts involved in these appeals separately.

(2.) The respondent No.12 in W.A.No.420/2022 was elected Director of Kanchugaranahalli Milk Products Society (hereinafter referred to as 'the primary society' for short) . The aforesaid respondent is also an elected Director of respondent No.4, Shimoga, Davanagere and Chitradurga District Cooperative Milk Producers Union, Shimoga (hereinafter referred to as 'Milk Union' for short), which is sponsored by primary society. The respondent No.12 is also Vice President of the Milk Union. A notice dtd. 27/12/2021 was issued to aforesaid respondent fixing the date of appearance as 30/12/2021, which was affixed on the notice board of primary society at 8.30 p.m.

(3.) The respondent No.12 appeared on 30/12/2021 and sought time. However, the case was posted for 31/12/2021. On 31/12/2021, the petitioner filed an application seeking to engage the services of an Advocate. However, an order of disqualification dtd. 31/12/2021 was passed. The said order was neither communicated to respondent No.12 nor the primary society but the same was communicated to Managing Director of Milk Union.