H.B. NINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned Additional Government Advocate is directed to take notice for respondent Nos.1 and 2. Notice to respondent No.3 is not necessary for the following reasons.

(2.) The petitioners, who are the President, Vice- President and Director of respondent No.3-Primary Co-operative Agricultural Society Limited, Huruli Village, Soraba Taluk are before this Court challenging the impugned notice at Annexure-A series, all dtd. 17/6/2023.

(3.) Apparently, notice is issued by respondent No.2- Assistant Registrar of Co-operative Societies, Sagara Sub- Division, invoking provisions contained in Sec. 29C of the Karnataka Co-operative Societies Act, 1959. It is the contention of the learned counsel for the petitioners that the contents of the notice go to show that the allegations sought to be made against the individual Directors of the Board are an Act performed by the Board and not individual members. Therefore, it is contended that invocation of Sub-Sec. 8(b) of Sec. 29C could not have been made by respondent No.2.