JAGADISH PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Admittedly the petitioner, is member and an elected Director, of the Gulbarga District Co-operative Central Bank Ltd; Gulbarga (hereinafter referred to as 'the Society') oonstituted and functioning under the Karnataka Co-operative Societies Act of 1959 (hereinafter referred to as 'the Act'). He also claims to have been elected as the President of the Society on 26-7-1978.

(2.) In exercise of the powers conferred by S. 53-A of the Act. Government in its Notification No. RDC 187 CLS 78 dated 25-7-75 has nominated respondents Nos. 4 to 8 as its nominees on the, Board of Directors of the Society, the validity of which is challenged by the petitioner (1) as vitiated by mala fides; (2) that respondent No. 7 was ineligible to be nominated as a Director as his daughter is working as a cleak in the Society; and (3) that respondent No. 8 being a defaulter to the Society was ineligible to be nominated as a Director of the Society.

(3.) On 18-5-1976 a show cause notice was issued to the Committee of Management of the Society under S. 30 of the Act proposing to supersede the Committee of Management for the various ommissions and commissions specified in the show cause notice. But even before the Authority could pursue and conclude ths proceedings initiated under S.30 of the Act, on 28-7-1976 Government issued a notification under S. 30-A of the Act appointing the Special Officer for a period of two years, as a result of which the Committee of Management vacated their office on the same day. On 27.8.1976 the petitioner challenged the Notification issued by the Government under S.30-A before this Court in Writ Petition No. 7517 of 1976 and sought for stay of the operation of the said Notification. On 19-10-1976 this Court issued rule nisi and ordered notice on the prayer made by the petitioner for stay which was not granted for the reason that the Special Officer had taken charge of the Society and was function, ing. On 2 6 1978. Writ Petn. No. 7517 of 1976 came up for hearing before me on which day a Memo was filed by Government inrer alia stating that steps had been taken for holding election to the Committee of Management and hand over the charge. On a consideration of the Memo filed by Government and all other factors while holding that the Notification impugned in the Writ Petition was illegal, I dismissed Writ Petn. No. 7517 of 1976.