MACHADO H L Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) As the questions that arise for determination in these cases are common we propose to dispose of them by a common order.

(2.) At the city of Mangalore, the District Headquarter of Dakshina Kannada District, there is a Co-operative Society called 'The Mangalore Catholic Co-operative Bank Ltd.. Mangalore' ('MCC Bank') governed by the Karnataka co-operative Societies Act of 1959 (Karnataka Act No. 11 of 1959) ('the Act'). The MCC Bank was established as early as in 1912 under the then co-operative Law in force in the old Madras area and has a membership of 13,000 shareholders. The Bank is intended to provide banking facilities to the public in general and in particular, to the Roman catholics of the District. The committee of Management of the Bank consists of 12 elected Directors from among whom a President and a Vice- President are elected. The term of the elected directors is for a period of three years (vide Section 28A of the Act)

(3.) In the annual general meeting of the MCC Bank held on 18-12-1983, petitioners 1 to 3, 5 & 6 and 8 & 9 in W.P. No. 16989/84 and Shriyuths Eric Vas and Alexander Misquith, who were petitioners 4 and 7 respectively in the said writ petition, but who are now dead, and three others, were elected as the Directors of the said Bank and that Committee of Management was managing its affairs from about that date and onwards.