YALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are the directors of Dharwad, Haveri, Gadag, Uttar Kannada districts Milk Union, Dharwad. Their grievance in these writ petitions is against bye-law of 14.2(c), 14.2(d), 14.2(e) and 14.2(f) of the 5th respondent union, providing for representation in the Board, to the Joint Registrar of Co-operative Societies, Belgaum Division, Karnataka Milk Federation, Department of Animal Husbandry and the National Dairy Development Board. Petitioners have sought for a declaration to strike down the said bye-laws on the ground that the same are ultra-vires of Section 28A of the Karnataka Co-operative Societies Act, 1959 ('the Act' for short) and also Article 243ZH of the Constitution of India. Petitioners have sought quashing of Annexure-A to the extent of including the names of the aforesaid representatives i.e., respondents 6 to 9 herein, as directors of 5th respondent union, enabling them to cast their votes in the election of the president of the 5th respondent, scheduled to be held on 6.6.2014.

(2.) At the threshold, learned Advocates appearing for the respondents raised a preliminary objection with regard to maintainability of these writ petitions, on the ground that in view of remedy of appeal under Section 106 of the Act being available, without exhausting the same, the petitioners cannot maintain the writ petitions, i.e., as against the impugned bye-law and the consequential action.

(3.) Sri F.V. Patil, learned Advocate for the petitioners submitted that though the statute provides for an appeal as against the amended bye-law, these writ petitions were filed on account of grave urgency, as the election is scheduled to be held on 6.6.2014 to the post of President of 5th society. He further submitted that the matter involves question of vital importance and hence the writ petitions may be entertained and appropriate orders passed. He did address arguments on the merit of the writ petitions. However, I do not deem it appropriate to record the contentions urged for consideration by Sri F.V. Patil, in the view the order which I propose to pass.