M MALLAPPA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Shri B. G. Sridharan, learned Counsel for the petitioner, after submitting arguments for some time, rightly gave up prayer No.II. The said prayer is to declare and strike down Sec.29(1) (a) of the Karnataka Cooperative Societies Act, 1959 (hereinafter referred to as the 'Act') as invalid as it is inconsistent with Sec.53A(1) and repugnant to Sec.55 of the Act. It is now well-settled that a statutory provision of an enactment cannot be struck down on the ground that it is inconsistent with or repugnant to any other provision of the same enactment. Shri Sridharan is therefore, right in giving up the second prayer.

(2.) The petitioner is a Director of the Sorab Primary Land Development Co-operative Bank Ltd, Sorab. He has challenged in this writ petition the Notification issued by the State Govt on 9th May 1977, as per Ext.A, nominating three persons on the Board of Directors of the aforesaid Primary Land Development Bank as the nominees of the State Govt in exercise of the powers vested in them under sub-sec(1) of Sec.29 of the Act.

(3.) Sub-sec(1) of Sec.29 of the Act, entitled the State Govt to nominate as its representatives not more than three persons or 1/3 of the total number of members of the Committee of the Co-operative Society, whichever is less, if any one of the conditions mentioned in sub-clauses (a), (b), (c) or (d) of sub-sec(1) of Sec.29 of the Act are satisfied.