JAGDISH PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH this matter is posted in orders list, with the consent of learned counsel appearing for the parties, the matter is taken up for final disposal having regard to the nature of relief sought in the instant writ petition and also in view of the urgency pleaded by the learned senior counsel appearing for petitioner.

(2.) PETITIONER, assailing [the correctness of the impugned notifications dated 3rd September 2007 bearing No. CO 59 CNS 2006 (PART) vide Annexure-A and dated 4th September 2007 bearing No. CO. 59. CNS 2006 (PART) vide Annexure-C, both issued by first respondent-State, has presented the instant writ petition.

(3.) PETITIONER herein claims to be one of the Directors elected as the representative from the D. C. C. Bank, Gulbarga and from the 'a' class society. It is the case of petitioner that, the first respondent has issued the impugned Notification vide Annexure-A and C nominating the respondents 3, 5 and 6, by exercising its power under sub-section (1) of Section 29 of the Karnataka Co-operative Societies Act, 1959, even though, the first respondent has no such power to nominate respondents 3, 5 and 6 to the second respondent-Bank for the reason that, the second respondent is neither an 'assisted society' nor the first respondent is a member of second respondent for nominating or appointing a Director on the Board of second respondent-Bank. Moreover, the first respondent has not invested any share capital in the second respondent-Bank. Therefore, the impugned Notifications issued by first respondent vide Annexure-A and C respectively, nominating its own representatives cannot be sustained and that, the power exercised under Section 29 (1) of the Co-operative Societies act is one without jurisdiction. Therefore, petitioner is constrained to approach this Court by presenting the instant writ petition, seeking quashing of the said Notifications.