BASAVAREDDY RANGA REDDY YAVAGAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Petition coming-up for preliminary hearing after notice to the first-respondent is disposed of by the following order.

(2.) Mr. M.R.Achar, learned Additional Government Advocate, has been heard for respondents.

(3.) Petitioners were all members of the Committee of Management, which may be referred to as the first committee nominated by the State Government by its order dated 25-2-1987 as at Annexure-D to the writ petition. The second-respondent-Mala Prabha Co-operative Oil Mills Ltd., Nargund, District - Dharwar, is a Co-operative Society incorporated under the provisions of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Act')- Apparently, it was incorporated on 10-2-1987 as evidenced by Annexure-A the certificate of Registration issued by the Joint Registrar of Co-operative Societies, Belgaum Division, Belgaum. The Act does not make any specific provision as to how the first Committee of management of the Governing Body or the Board of Management may assume Office barring the reference made in Section 26 of the Act in respect to where the final authority in a Co-operative Society vests under the Act. It would be useful to set-out Section 26(1) together with its Proviso, to understand the problem arising in this writ petition.