NEELAKANTHAPPA SHIVAPPA ASUTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has sought for quashing the election notice dated 29-9-2006 vide Annexure-C issued by the respondent No. 2 and also for striking down Section 2 (d-l) of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'act' for short)on the ground that the same violates Article 14 of the Constitution of India.

(2.) THE petitioner herein was elected as president to the Dharwad Co-operative Milk union ('union' for short), Dharwad for a period of two and half (2'/2) years on 14-10-2004. According to petitioner, his term of 2 years conies to an end by 13-4-2007 as per English calendar. Hence, he has filed the present writ petition seeking quashing of the election notice issued by the respondent no. 2 vide Annexure-C, by which, the election are scheduled to be held on 29-9-2006.

(3.) SUB-SECTION (5) of Section 29-F of the 'act' makes it amply clear that the President shall hold office for a term of two and half years. The word 'year' is defined in Section 2 (d-l) of the 'act' which reads thus :