NARAYANA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, the petitioner has sought for quashing the meeting notice dated 31st October, 1985 issued by the 3rd respondent for the purpose of holding election to the office of President and Vice-President of the Managing Committee of the 3rd respondent-Bank. The petitioner is one of the elected directors of the 3rd respondent = Bank. So also the 4th respondent.

(2.) The case of the petitioner is that the 4th respondent has been the member of the Bangalore North Taluk Primary Co-operative Agricultural and Rural Development Bank Ltd., Bangalore for the last several years. He also became the member of the 3rd respondent-Bank on 30th March, 1984 and thereafter has been elected to the Board of Directors of the 3rd respondent-Bank. Of course, in the Writ Petition, as to when the 4th respondent became the member of the Bangalore North Taluk Primary co-operative Agricultural and Rural Development Bank Ltd. and the 3rd respondent Bank, has not been stated; but the aforesaid facts are given by Sri Brahmarayappa, learned Counsel for the petitioner, during the course of arguments. The contention based on the aforesaid facts is that having regard to the provisions contained in Section 17 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as the 'Act') the petitioner has ceased to be a member of the 3rd respondent-Bank; consequently he has ceased to be a Director also. Therefore, he is not entitled to participate in the meeting which is scheduled to take place on 18-11-1985 for electing the President and the Vice-President of the Board of Directors of the 3rd respondent-Bank. Section 17 of the Act, reads thus :

(3.) As far as Sub-section (2) of Section 17 of the Act, is concerned, it does not cover the disqualification referable to Clause (d) of Sub-section (1) of Section 17 of the Act. Sub section (2) thereof, provides that if a member becomes subject to any of the disqualifications