SUBHASH Vs. DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) RANI Chennamma Credit Co -operative Society Ltd., Bilagi, was registered on 25.07.2009, under the Karnataka Co -operative Societies Act, 1959 (for short, the Act). Its Managing Committee was constituted on 28.09.2009. Petitioner is the Vice -President. Respondent No. 2, by an order dated 04.01.2014, appointed a Returning Officer to conduct the election to the Managing Committee of the Society. The Returning Officer sent a communication dated 04.02.2014, to prepare the voters' list for conducting the election on 29.03.2014. Respondent No. 1 having passed an order in exercise of the power under S. 28A(5) of the Act, appointing an Administrator, on the ground that the term of the Committee is due to expire on 31.03.2014, with instructions to the Administrator to assume charge on 01.04.2014, this writ petition was filed to quash the said order vide Annexure -A and for grant of consequential reliefs.

(2.) SRI Jagadish Patil, learned advocate, contended that the Managing Committee of the petitioner -Society having been elected on 28.09.2009 is entitled to remain in Office till the expiry of the period of five years from the date of its election and that no Administrator can be appointed before the expiry of five years' term. He submitted that sub -S.(4) of S. 28A of the Act has retrospective operation, as was held by the Full Bench of this Court in W.A. No. 734/2014 and connected appeals decided on 30.04.2014. He submitted that the impugned order being contrary to the declaration made in the said Judgment and being arbitrary and illegal, may be quashed.

(3.) THE questions raised by the Full Bench, in W.A. No. 734/2014 and connected cases are the following: