LAWS(KAR)-2024-8-23

PRASANNA P M Vs. STATE OF KARNATAKA

Decided On August 29, 2024
Prasanna P M Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) In this petition, the petitioner seeks the following reliefs:

(2.) Heard learned counsel for the petitioner and learned Additional Advocate General for respondent Nos.1 to 4 and perused the material on record.

(3.) In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior counsel for the petitioner submits that on 27/6/2024, respondent No.3 is alleged to have issued a show-cause notice to the petitioner invoking Sec. 29-C of the Karnataka Co-operative Societies Act, 1959 (for short "the said Act of 1959") proposing to disqualify the petitioner from his directorship to respondent No.5- Society. In this context, it was submitted that the said notice was never served upon him and as such, he did not know that the said proceedings were posted on 11/7/2024 and consequently, he could not appear on 11/7/2024. Further, the said notice was actually received by the petitioner only subsequent to 11/7/2024 and the same was challenged in W.P.No.19975/2024 on 23/7/2024. It is also contended that on 26/7/2024, this Court in W.P.No.19975/2024 stayed all further proceedings pursuant to the impugned notice dtd. 27/6/2024. Thereafter, it transpires that when the petitioner attended the meeting for the purpose of conducting elections on 7/8/2024, he learnt that an order of disqualification under Sec. 29-C of the said Act of 1959 has already been passed against him on 23/7/2024 and accordingly, the petitioner was not permitted to participate in the elections conducted on 7/8/2024. Subsequently, the petitioner applied for certified copies of the aforesaid impugned order dtd. 23/7/2024 vide Annexure-M as well as the order sheet and has produced and challenged the same before this Court by way of the present petition.