R VENJKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who are the elected directors of the Board of Management of the Simson & Group Companies Employees Co-operative Society Ltd., Bangalore, have, in this writ petition under Art.226 (1) (b) and (c) of the Constitution of India, challenged the validity of the order dated 27-2-1979 passed by the second respondent under Section 30(1) of the Karnataka Cooperative Societies Act, 1959 (hereinafter referred to as 'the Act') superseding the Board of Management consisting of the petitioners and other nominees and appointing the 3rd respondent as an Administrator of the Society.

(2.) Shri V. C. Brahmarayappa, the learned High Court Government Advocate appearing for Respondents 1 to 3, raised a preliminary objection that the petitioners have got a right of appeal against the order impugned in this writ petition under Section 106 of the Act and that being so, the writ petition preferred by the petitioners under Article 226(1) (b) and (c) of the Constitution is not maintainable in view of the bar contained in Article 226(3) of the Constitution.

(3.) Shri B. Thilak Hegde, the learned Counsel appearing for the petitioners contended that the remedy provided under Section 106 of the Act, could not be availed of because as per the case of the petitioners, the order under Section 30 of the Act challenged in the writ petition came to be passed by the second respondent at the ir stance of the Hon'ble Minister for Co-operation; therefore, it is futile for the petitioners to prefer an appeal to the Government. It was also contended that the Rule having been issued in thje writ petition after hearing the respondents, it is not open for respondents 1 to 3 to contend at the final hearing that the petition is not maintainable. It was also further contended that the order prima facie being without jurisdiction, it is unnecessary for the petitioners to avail the remedy by way of an appeal.