RAMAPPA HANUMAPPA NAGANOOR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners, assailing the legality and the validity of the order dated 18. 9. 2002 in No. CMW/74/cap/2002 passed by respondent no. 1 vide Annexure-D, have filed this Writ Petition.

(2.) THE case of the petitioners is that they along with more than 120 members submitted an application to take action against respondent No. 3 for removal from primary membership and requested the matter to be listed for discussion in the AGM scheduled to be held on 29. 9. 2002. The said application was placed before the committee in the meeting held on 29. 8. 2002. The committee passed an unanimous resolution to place the matter before the AGM and also to send all the copies to respondent No. 3 for his information. Accordingly, the said application was listed in the AGM for discussion at SI No. 7. The 3rd respondent filed a revision under Section 108 of the Act before the 1st respondent without impleading the petitioners or any members as parties. The 1st respondent, by its order dated 18. 9. 2002, allowed the revision deleting subject No. 7 from the AGM notice. Feeling aggrieved by the said order, the petitioners have filed this Writ Petition.

(3.) THE submission of the learned Counsel for the petitioners is that the impugned order is totally illegal, arbitrary and without authority of law. Further, he submitted that the provisions of Section 108 of the Karnataka Co-operative Societies Act are not at all applicable and no revision can be maintained in respect of the General Body notice. He also submitted that the impugned order is passed without issuing notice and without giving an opportunity to the persons concerned including the 2nd respondent. Further, he submitted that the impugned order is contrary to the bye-laws of the 2nd respondent and that the same is passed behind the back of the persons who moved the application for removal of the 3rd respondent, from primary membership. He therefore submitted that the impugned order is not at all sustainable and it is liable to be set aside at the threshold on these grounds.