K.EREGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By order dated 08th August 2019, the parties were put to notice that the appeals will be disposed of finally.

(2.) With a view to appreciate the controversy involved in the appeals, a brief reference to the facts of the case will be necessary.

(3.) In this appeal, we are concerned with the fourth respondent Society. The appellant contested the election of the Managing Committee of the fourth respondent, which was held on 02nd September 2013 and was elected as a Director of the Managing Committee. An application was made before the Assistant Registrar of Co-operative Societies invoking Section 29-C of the Karnataka Co- operative Societies Act, 1959 (for short 'the said Act of 1959'). In the application, it was contended that the appellant obtained a membership of the fourth respondent Society on 01st October 2012 and he got himself elected as a Director on 02nd September 2013. It was submitted in the said application that the appellant was disentitled to contest the election in view of clause (a-iii) of sub-section(2) of Section 20 of the said Act of 1959, in as much as, he contested the election on the date on which he had not completed twelve months of membership of the fourth respondent from the date on which he obtained the membership of the fourth respondent's Society.