C M UDASI Vs. STATE OF KARNATAKA FB

JUDGEMENT

(1.) These three writ petitions have been filed principally for the relief of directing the respondent No. 1 not to make nominations of official and nonofficial members to the Managing Committee of respondent No. 2 "Karnataka Sahakari Sakkare Karkhane" in excess of 1/3 of total number of members under Sections 29 and 53A of the Karnataka Co-operative: Societies Act, 1959 (hereinafter referred to as the 'Act') and Bye-laws No. 24(1)(c) of the Karnataka Sahakari Sakkare Karkhane Niyamita, Haveri, Dharwad District, in excess of six members. The other reliefs sought for in the writ petitions are consequential.

(2.) The 2nd respondent is a co-operative society registered under the Act in the year 1973 and had started production of sugar in the year 1983. The State Government, in exercise of its powers under the provisions of the Act, was making nominations from 1973 till 1991. The petitioners contend that respondents have an obligation to hold elections to the committee of management of respondent 2 Karkhane immediately on the expiry of 5 years from the production of sugar in terms of bye-law 24(2) of the bye-laws governing the Karkhane; that the said elections were not held though production of sugar was commenced in tile year 1983 itself.

(3.) That on 13-11-1991 calendar of events was issued fixing the date of election as 12-12-1991, that the same was postponed from time to time till May, 1992 and even thereafter no elections were held. In those circumstances, W. P. No. 33395/92 was filed before this Court and this Court directed that elections to the committee of management of respondent-2 Karkhane should be completed before the end of January, 1994.