SHANKARAPPA Vs. COOPERATIVE ELECTION COMMISSION, KARNATAKA STATE

JUDGEMENT

(1.) THESE Writ Appeals are filed against the order passed by the learned single Judge dismissing the Writ Petitions and holding that the amendment to Section 28A(4) of the Karnataka Cooperative Societies Act, 1959 which came into effect from 11.2.2013 which prescribe the term of office of the members of the committee shall be 5 co -operative yea's is only prospective in nature and it has DO retrospective operation.

(2.) THE appellants are the Board of members of the fourth respondent society. It is registered under the provisions of the Karnataka Cooperative Societies Act, 1959 (for short hereinafter referred to as 'the Act'). They were declared as elected members of the Board of the 4th respondent in the election held on 12.6.2009. The tenure of the committee of co -operative society as per the provisions of Section 28A (4) prior to amendment was as under : -

(3.) AGGRIEVED by the said act of the respondents, the appellants preferred a Writ Petition before this Court contending that their term is not coming to an end on 31.3.2014 but it will end on 11.6.2014 in view of the amendment.