N G NAGANNA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The two petitioners, the first a Director and the second a Member of Bhadra Sahakara Sakkare Karkhane Niyamitha a co-operative society registered and functioning under the Karnataka Co-operative Societies Act ('the Act' for short), have presented this writ petition questioning the legality of the order dated 20-10-1984 (Annexure-C) by which five persons were nominated to be Directors on the Board of Management of the said Society under Section 53-A of the Act.

(2.) The third respondent is a society to which the Government has contributed a share capital and had also assisted in its formation, in addition to providing certain other facilities. Section 29(1) of the Act reads :

(3.) The Government which had already nominated three persons proceeded to nominate five persons by notification dated 20-10 1984 under Section 53A of the Act. The said notification reads : "In exercise of the powers conferred under Section 53(A) of the Karnataka Co-operative Societies Act, 1959, and in addition to the nominations made in Notification No. RDC 27 COF 84 dt. 22-2-1984 under bye-law No. 21(1)(b) of the Bye-laws of the Bhadra Sahakari Sakkare Karkhane Niyamit Doddabathi Davanagere Taluk, Chitradurga District, Government are pleased to nominate the following members as Directors on the Board of Management of the Bhadra Sahakara Sakkare Karkhane Niyamit, Doddabathi, with immediate effect and until further orders. 1. Sri T. Subbarao, Merchant, B.T. (Pvt.) Ltd., Davanagere. 2. S. V. Chandrashekarappa, Merchant, K. G Extension, Davanagere. 3. G. Basavanagowda, c/o Mysore Kirloskar, Yantrapur, Harihar.