VYAVASAYA SEVA SAHAKARI BANK Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition is directed against the impugned notification dated 1-9-2001 in No. CMW 272 CNS-2001

(2.) THE grievance of the petitioner is that, the petitioners society is the registered co-operative society under Co-operative Societies Act it has not taken any assistance from the Government either in the form of share capital as a loan; it is functioning on the basis of the investments made by the members of the society with the help of DCC Bank it is not assisted society as defined under the Co-operative Societies Act No amount is due to the Government by the petitioner-society as on date of appointing the respondents 3 to 5 as members of the society The notification issued by the Government nominating the respondents 3 to 5 as directors of the society is contrary to section 2 (a) (1) of the Co-operative Societies Act and the said notification is one without jurisdiction, as such it is liable to be set aside

(3.) HEARD the learned counsel for the petitioner and the learned Government Pleader for respondents 1 and 2 The respondents 3 to 5 are served and remained un represented