B N JAYANTH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WHETHER the Government, in exercise of its power under S. 121 of the Karnataka Co-operative Societies Act, 1959, hereinafter called "the Act", may extend the benefit of exemption to any Co-operative Society from any provision of the Act, to enable an individual to continue in the office, contrary to the spirit behind the restriction imposed by the statutory provision? is the question that falls for consideration in both these petitions. They are, therefore, disposed of by this common order.

(2.) THE facts are not in dispute in these cases and they are as follows :the petitioner in the first petition is stated to be an elected Director on the Committee of Management of respondent 5. The 3rd respondent is the President of the 5th respondent-Society from 10-4-1991. Under S. 29-D of the Act, no person shall be eligible for election or appointment or to continue as President, Vice-President, Managing Director, Treasurer or Secretary of a Co-operative Society for more than six years, either consecutively or intermittently. The 3rd respondent having served the 5th respondent-Society for a continuous period of six years shall not be eligible either for election or appointment or to continue as President of the 5th respondent- Society after the expiry of 10-4-1997. As he did not vacate the office, the committee of management of the 5th respondent-Society at its meeting held on 29-6-1997 resolved to request the 2nd respondent therein to take appropriate action in accordance with law. The 2nd respondent issued a notice dated 17-7-1997 "requesting" the 3rd respondent to relinquish the office in view of the statutory provision. The 3rd respondent did not comply with the notice. The petitioner and two other members of the committee of management filed a dispute before the 2nd respondent to remove the 3rd respondent from the office of the President of the 5th respondent- Society. In the meanwhile, the 4th respondent who is the State Minister of Animal Husbandry in the State of Karnataka appeared to have sent a note to the Minister for Co-operation to issue direction to the authorities concerned to continue the 3rd respondent as the President of the 5th respondent-Society by granting exemption under S. 29-D of the Act, in exercise of the power under S. 121 of the Act. The Minister for Co-operation issued direction to the Secretary, Department of Co-operation to issue necessary order under S. 121 of the Act granting exemption under S. 29-D of the Act in Public Interest to provide opportunity to the 3rd respondent to continue as the President of the said Society. Accordingly, the State Government issued a notification dated 6-8-1997 exempting the 5th respondent-Society under S. 29-D of the Act, in exercise of its power under S. 121 of the Act as per Annexure-F. Consequent upon the said notification, the 2nd respondent made an order dated 23-8-1997 dismissing the dispute filed by the petitioner and others as per Annexure-G.

(3.) THE petitioner having been aggrieved by the said notification and the order has filed the first petition for quashing Annexures-F and G by issuing a writ of certiorari with a further prayer to issue an appropriate writ in the nature of mandamus directing respondents 2 and 5 to hold election to the office of the President of the 5th respondent- Society declaring that the 3rd respondent ceased to be the President thereof.