TIPPANNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition filed under Arts. 226 and 227 of the Constitution of India, Tippannappa son of Bhimesha of Mahagaon Chitapur Tlq., has applied for a writ of cer- tiorari challenging the order dt. 15.2.1983 of the Dy. Registrar of Cooperative Societies, Gulbarga, 2nd respondent herein, by which he has held that he, Tippannappa, was disqualified from continuing as President of the Primary Land Development Bank Ltd. Chitapur, the 3rd respondent herein (referred to hereinafter as the Society) having completed more than six years in office as provided under S. 29-D of the Karnataka Co-operative Societies Act, 1959 (the Act) . The petitioner has also challenged Sec. 29-D of the Act. It is on two grounds : firstly, on the ground that it is violative of Art. 14 of the Constitution, and, secondly, that it infringes Art. 19.

(2.) Section 29-D of the Act reads thus :

(3.) The 3rd respondent is a Society formed under the provisions of the Act. It is not in dispute that Tippannappa is holding the office of the President of the committee since more than six years. If Sec. 29-D is held valid he cannot continue in office having completed six years in office.