KARNATAKA MILK FEDRATION Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE two writ petitions are by a Co-operative Society known as karnataka Milk Federation and represented by its Managing Director in W. P. No. 14153/2008 and by persons who are either in the management of this Federation or as the majority of the Management Committee of the very Federation, for the common object of quashing two orders mainly the order dated 3-11-2008 or the communication of this date originating from the State Government and addressed to the Director of Co-operative audit (copy produced as Annexure-G to the writ Petition No. 14153/2007), calling upon the Director to become active in respect of the transaction of the 1st petitioner-Federation for the year 2001-2002 to 2007-2008 and in exercise of the powers of the Director of co-operative Audit available under Section 63 of the Kamataka Co-operative Societies act, 1959 (hereinafter referred to as 'the Act' for brevity) and also for quashing the consequential order dated 5-11-2008 No. Tha. Pa. Gha/ka. Sa/ha/u/ma/bem/ma. Pa/ 2008-08 (produced as Annexure-F to the Writ petition No. 14153/2007) passed by the Director of Co-operative Audit, the State Government figuring as 1st respondent and the director of Co-operative Audit figuring as 2nd in this petition, quoting the very order of the government and purporting to issue the order in exercise of his powers under Section 63 (11) of the Act.

(2.) THE common object of the petitioners is to prevent the proposed re-look into the transactions of the Society including the accounts which have undergone scrutiny as envisaged under the provisions of the Act and to have a second look at them and on the ground that the power exercised by the Government and the Director of Co-operative Audit for their purposes for which Annexure-G and F orders are passed are either not available to them under the provisions of the Act or has not been used for the purposes for which such powers are conferred on either of these respondents.

(3.) WHILE in Writ Petition No. 14153/2008 all such legal grounds are urged to impugn the legality of these two orders, in Writ Petition No. 14183/2008 filed by the members of the Management of the Federation, apart from urging all these legal grounds, additional grounds are urged to contend that the power is exercised in a mala fide manner for ulterior purposes only due to existing political rivalry between the petitioners in Writ Petition No. 14183/2008 on the one hand and persons who are at the helm of affairs and constituting the government are persons belonging to a different political affiliation who have been instrumental in causing the issue of the communication at Annexure-G in Writ Petition no. 14153/2008 and produced as Annexure-L in Writ Petition No. 14183/2008.