(1.) i propose to dispose off this writ petition finally having heard both sides on the merits of the case although it appears today in the list of cases posted for orders.
(2.) the petitioner has had the some what unusual experience which has be comemore common these days of being recalled by the government after nomination to the committee of management of co-operative society-the third respondent herein is a society whose nomenclature is the vevasaya seva sahakara sangha niyamitha, hunsur. Petitioner was nominated as director of the third respondent by government under order dated 20-2-1992 as could be seen from Annexure-A alongwith two others. That order was purportedly made in exercise of government's power under Section 29(1) of the Co-Operative Societies Act (for short 'the act'). Barely, a week thereafter, for reasons best known to it, the government passed another Order, which is produced herewith at Annexure-C dated 27-2-1992 wherein it sought to recall the petitioner and substituting him by another gentleman by name ramegowda (4lh respondent). The aforesaid order was directed to come into effect immediately.
(3.) it would appear within a short gap of one week, the petitioner had been electedas president of the society and is now suddenly disheartened by the government order substituting the 4lh respondent in his place, the petitioner challenges the subsequent order of the government (vide Annexure-C ) replacing him by the other gentleman i.e., 4th respondent herein urging that government could not make such an order at will and at random. It is also contended that government cannot exercise power under Section 29(2) of the act to make this change which is clearly arbitrary and capricious. That the petitioner having been removed without any reason and it is therefore contended that the impugned order at annexurc-c removing the petitioner and replacing him with respondent-4 must necessarily yield and be quashed.