B.K. GURURAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Both these writ petitioners are aggrieved of certain orders touching upon the Directorship of the respondent Shivamogga District Central Co-operative Bank Limited (for short "DCC Bank"). There is claim and counter claim for the same post, at the hands of the petitioners. Therefore, these two writ petitions were clubbed, heard together and are being disposed of by this common order.

(2.) For the sake of convenience, Sri R.M.Manujanth Gowda, the petitioner in W.P.No.11978/2023 shall be referred to as "petitioner" and the writ petitioner in the other writ petition shall be referred to as "co-opted Director".

(3.) The petitioner who was a member and elected representative of the Taluk Agricultural Products Marketing Co-operative Society Limited, Shivamogga (for short 'TAPMCS or Primary Society') was nominated as its representative in the respondent-Shivamogga District Co-operative Central Bank Limited (for short 'DCC Bank or Federal Society') which is a Federal Society. The petitioner was elected as a member of the Board of the DCC Bank and was thereafter elected as President of the DCC Bank. However, the petitioner was disqualified by an order dtd. 14/10/2020, at the hands of the Joint Registrar of Co-operative Societies. The petitioner approached this Court in W.P.No.12096/2020, but the writ petition was dismissed on the ground of maintainability, since alternative, efficacious remedy was available to the petitioner. Therefore, the petitioner filed W.A.No.1396/2021. The writ appeal too was dismissed by order dtd. 9/2/2023, however the petitioner was directed to avail the alternative remedy.