MALLIKARJUNA KALLAYYA SWAMI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The short question that falls for determination in this writ petition is as to whether the State Govt-Respt-1 was competent to replace the petitioner by respondent-2 on the Board of Directors of respo,ndent-3 Society, acting under Bye-law 21A of the Society.

(2.) In order to appreciate the import of the question aforesaid, a few relevant facts call for notice. 3rd respondent-Society is a Co-operative Society known as 'Doodaganga Krishna Sahakari Sakkare Karkhane, Niyamita'. It runs a sugar factory tinder the very name. The State Govt was empowered under Bye-law 21A to nominate the first Board of Directors of the said 3rd respondent-Society. The State Govt acting under the aforesaid Bye-law, nominated the Board of Directors of the said respondent-society which included the petitioner, incidentally, the petitioner at the relevant time happened to be the Director of DCC Bank, Belgaum, whose representative had been envisaged by Bye-law 21 (e) to be one of the Directors on the Board of Directors of the 3rd respondent-society.

(3.) Bye-law 21A which is in the following terms;