G V MUNIVENKATASHAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this Petition under Article 226 of the Constitution, the petitioner has sought for quashing the order dated 19-4-1985, bearing No. CMW 53 CCB 85, passed by the State Government, produced as Annexure-B.

(2.) The petitioner has also sought for an amendment to include an additional prayer to declare that Section 29(1)(d) of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as the Act) is unconstitutional and to strike down the same. Though the application seeking amendment is filed at the stage of hearing, since the amendment sought for is necessary, the petitioner is permitted to amend the petition and seek the relief relating to the validity of Section 29(1)(d) of the Act.

(3.) The petitioner has been elected as a Director of the second respondent Bank on 6-10-1985. On 19-4-1985 by the impugned order, the State Government has nominated on the Board of Directors of the second respondent-Bank, respondents 3, 4 and 5 in exercise of its power under Sub-section (1) of Section 29 of the Act.