P S VEERENDRA PRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are Directors of the 5th respondent-society. In this writ petition, the petitioners challenge the legality and correctness of the order passed by the 1st respondent under Section 30-A of the Karnataka Co-operative Societies Act (for short the Act ). The action of the 1st respondent, according to the petitioners, is wholly unnecessary arbitrary and unwarranted. The power by the 1st respondent has been exercise not in accordance with law. The 1st petitioner is the president and the other petitioners are the members of the managing committee. There was an election to the members of the managing committee on 22. 9. 1996 for a period of three years which will come to an end in 1999. The proceedings were initiated to supersede the society under Section 30-A of the Act. The Joint Registrar of co-operative Societies the third respondent herein recommended that the government may initiate action under Section 30-A of the Act. In other words, on a perusal of the allegations made in the report by the 3rd respondent, the 2nd respondent stated that initiation of action can be done under Section 30 (1) of the Act but not under Section 30-A.

(2.) CURIOUSLY the Government without considering the opinion of the additional Registrar-2nd respondent herein that action can be initiated under section 30 (1) resorted to the extreme measure of passing the impugned order exercising powers under Section 30-A of the Act.

(3.) THE learned Counsel for the petitioner Mr. Rajagopal strenuously submitted that the 2nd respondent-the Additional Registrar of Co-operative societies has clearly given an opinion that action need not be initiated under the emergency powers of Section 30-A and ends of justice will be met if action is initiated under Section 30 (1) of the Act. When such an opinion was given by concerned officer like the Additional Registrar after perusing the allegations it was submitted that it is not known what compelled the Government to pass an order under Section 30-A of the Act.