SEVA SAHAKARI BANK LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has prayed for quashing the order dated 22-2-2001 passed in No. CMW 61 CNS 2001 (Annexure-C) on the file of respondent 1.

(2.) THE respondents 1 and 2 are represented by the High Court government Pleader Sri Keshav Reddy. In spite of service of notice on respondents 3 to 5, they are unrepresented.

(3.) THE brief facts of the case of the petitioner-Society may be stated as under. The 1st respondent, on three to four occasions, contributed share capital to the petitioner-Society in all amounting to Rs. 1,00,000/ -. Since the petitioner-Society is an assisted Co-operative Bank, the 1st respondent nominated 3 representatives on the committee of the petitioner-Society. On 31-3-1999, the petitioner-Society returned the entire share capital of Rs. 1,00,000/- by crediting the same under the head of Account No. 3005 with the Government Treasury. Thereafter, the petitioner intimated the same to the 1st respondent. Therefore, it is contended that the 1st respondent has no power to nominate any representative to the Committee of Management of the petitioner-Society under Section 29 (1) of the Karnataka Co-operative societies Act. Thereafter, a memorandum was sent to the respondent 1 to withdraw the nomination of the respondents 3 to 5 as it has no power to do so. In spite of that the 2nd respondent served a letter on the petitioner-Society on 17-5-2001 threatening that he will take action against the petitioner-Society. Therefore, the petitioner-Society resolved to file this writ petition challenging the act of respondent 1 in nominating the respondents 3 to 5 to the Committee of the Management of the petitioner-Society.