TAMMANNA Vs. STATE

JUDGEMENT

(1.) These three writ petitions have been filed seeking a writ of certiorari quashing the Notification dated 28-11-1992 (marked as Annexure 'C' in W.P. 37476 of 1992 and as Annexure 'B' in W.Ps. 2105 and 2106 of 1993) passed by the 1st respondent.

(2.) The three petitioners were nominated as members Committee of the Primary Cooperation Agricultural and Rural Development Bank Ltd., Mudhol (hereinafter referred to as the 2nd respondent-Bank) by the 1st respondent in exercise of its power under Section 29 of the Karanataka Co-operative Societies Act, 1959 (hereinafter referred to as the Act) in supersession of the earlier nominations. The Government Notification dated 19-9-1992 is at Annexure 'A'. By means of the notification dated 28-11-1992 the 1st respondent has revoked the nomination made under Annexure 'A' and has nominated respondents 4 to 6 members of the Committee of the 2nd respondent-Bank.

(3.) The petitioners have challenged the validity of the notification dated 28-11-1992 mainly on two grounds. It is first contended that the 1st respondent has acted arbitrarily in revoking the nomination of the petitioners within two months and nominating Respondents 3 to 6 by Annexure-A. The 2nd ground urged by the petitioners is that the impugned notification is passed by the 1st respondent at the instance of the 3rd respondent, who is a member of the Legislative Assembly and between whom and the petitioner in W.P. 37476 of 1992, there is some political grudge.