T B GUDDALLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this appellant is the original 4th respondent in writ petition No. 8041 of 1994. The said writ petition was moved by the present 4th respondent, on the ground that the term of presidentship of the present appellant expired on 1-2-1994 and thereafter extension of his term up to 30-6-1994 resulting from the order of the State of Karnataka in exercise of its powers under Section 121 of the Karnataka Co-Operative Societies Act, 1959 (for short, the 'act') as per Annexure 'b', was null and void and inoperative at law. The original writ petitioner-r-4 herein, sought for a direction from the court that election to the post of president of this society should be held at the earliest. That petition came to be disposed of with certain directions by the learned single judge. One of the directions was that the 2nd and 3rd respondents, viz., The registrar of co-operative societies and the union of the co-operative society viz., Dharwad cooperative milk producers societies union ltd., Dharwad should hold election to the office of president of r-3 within 15 days from the date of receipt of the order. That has brought the sitting president/appellant hereinbefore this court by way of an appeal under Section 4 of the Karnataka High Court Act, 1967.

(2.) a few relevant facts leading to this proceeding are required to be noted at the outset, in order to appreciate the grievance of the appellant.

(3.) the election of the president of r-3 union was held on 2-2-1993. In that election the present appellant emerged as successful candidate as such he was elected as president. As per Section 28a(4) of the Act, members of the committee shall every year elect from among themselves the officers of the co-operative society. Members of the society therefore bad to elect the office bearers including the president every year. A full bench of this court in its Decision in Guddalli V. Registrar of Co-Operative Societies, ILR 1993 (3) Kar 2367 has held that the term of the president as office bearer of the managing committee of the co-operative society would be for one calendar year. Consequently, the appellant's tenure as president pur suant to the election dated 2-2-1993 was to end on 1-2-1994. Therefore, the post of president would have become vacant from 2-2-1994 and fresh election was required to be held for the said post. However, the State of Karnataka r-1 herein, in exercise of its power under Section 121 of the act which provides that the state government may by general or special order publish in the official gazette exempt any co-operative society or any class of societies from any of the Provisions of the act or may direct that such Provisions shall apply to such society or class of societies with such modifications as may be specified in the Order, exempted r-3 society from the Provisions of Section 28a(4) of the Act, meaning thereby the appellant/ president's term was extended, the result of which was that there was no need to hold fresh elections for the post of president which had fallen vacant on 2-2-1994. That notification was to operate up to 30-6-1994. It is this notification which was brought in challenge in the writ petition. Learned single judge after hearing the parties, took the view that as the writ petition was being disposed of on 29-6-1994 and only one day had remained for the operation of the notification which extended the term of the appellant- president up to 30-6-1994, the only direction which could be issued is that the second respondent and third respondents viz., Registrar of co-operative societies and the dhanwad co-operative milk producers society should hold election to the office of the president of r-3 society within 15 days from the date of receipt of (he order as noted hereinabove.