KOTEGOWDA S/O KOTAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned senior counsel Sri. Ashok Haranahalli on behalf of respondent and the Addl. Govt. Advocate Sri. A.K. Vasanth on behalf of the official respondents.

(2.) Petitioner is before this court calling in question the meeting notice, dated 18.06.2018, calling for a meeting on 05.07.2018 for the purpose of carrying-out the no confidence motion which was originally slated to be considered during the meeting dated 112017.

(3.) The matter was heard on 28.06.2018. The learned counsel Sri. Jayakumar S. Patil had then contend that the meeting notice dated 18.06.2018 has to be construed as a second meeting and in such an event the same would be in the teeth of the provisions of Section 29- H(1) of the Karnataka Co-operative Societies Act, 1959 (for short 'the Act'). On perusing the provisions of Section 29- H(1) of the Act this court was of the opinion that the use of the word defeated in the said provision is not without relevance and the provisions of Sub-Section (1) of Section 29-H of the Act would become applicable only if a motion had been defeated and a second meeting is called within a period of two years from the date of the meeting during which the earlier no confidence motion had been defeated and hence, interim order was passed permitting the conduct of the meeting dated 05.07.2018 and the authorized officer was restrained from declaring the result of the meeting without obtaining the prior permission from this court.