BELTHANGADI TALUK RUBBER BELEGAR MARAT & SAMSKARN SAHAKAR SANGAT NIYAMIT UJRE AND ORS. Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) In this writ petition, petitioners are inter alia challenging the constitutional validity of Sections 39-A(2) and 28-A(5) of the Karnataka Co-operative Societies Act, 1959 ( the State Act for short). Petitioner No.1 is a Secondary Society ( the Society for short).

(2.) Sub-section (5) of Section 28-A and sub-section (2) of Section 39-A of the State Act read as follows: 28-A(5). If the new board is not constituted under Section 29-A, on the date of expiry of the term of office of the board or if the elections are not held within the time-limits specified in Section 39-A, the Registrar or any other officer within whose jurisdiction the society is situated and who is authorized by the Registrar, shall be deemed to have assumed charge as Administrator and he shall, or all purposes function as such board of management. The Administrator shall, subject to the control of the Registrar, exercise all the powers and perform all the functions of the board of the cooperative society or any office bearer of the co-operative society and take all such actions as may be required, in the interest of the co-operative society:

(3.) I have heard Sri Jayakumar S Patil, learned Senior Counsel appearing for the petitioners, Sri M.Keshava Reddy, learned counsel appearing for respondent no.4 and Sri Tharanath Poojary, learned Additional Government Advocate appearing for respondent nos.1 to 3 & 5.