KABBU BELEGARARA HORATA SAMITHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) When this matter was taken up for disposal, the learned Counsel raised objections that unlike the other two petitions which I have disposed of namely, W P.No. 7569 and 16226/1988, in this writ petition rule has been issued and therefore it may not be disposed of at the stage of preliminary hearing for which it is posted today in the list.

(2.) I do not think there is any sub-stance in the submission made because the petitions have been shown as connected, the question which fell for determination in the other two petitions mentioned above are not in any way dissimilar to the question raised in this position. Therefore, I must necessarily take up this matter also for disposal and dispose it of.

(3.) The learned Counsel for the petitioner has contendad that he has taken up the ground that the executive government has no power to legislate in exercise of its power under Sec. 121 of the Karnataka Co-operative Societies Act, 1959 thereinafter referred to as the Act) and therefore the amendment made to Sec. 27(1) of the Act is incompetent and therefore the notification issued in exercise of such power adding a second proviso is also bad in law. That contention is noticed only to be rejected as similar contention made in the case of Shivasharnappa Veerabhad- rappa and others v Assistant Commissioner and Returning Off icer, Bidar and others [1978(1) KarLJ 51] was examined by a Full Bench of this Court and the constitutional validity of Sec. 121 of the Act was upheld by a majority of the Full Bench. A provision which is in parimateria with Sec. 121 of the Act found in the Madras Co-operative Societies Act (Sec. 60) has also fallen for consideration before the Supreme Court in the case of The Registrar of Co-operstive Societies and another v K. Kunjabmu and others (AIR 1980 S.C. 350). In the latter mentioned case the Supreme Court has upheld the validity of Sec. 60 of the Madras Co-operative Societies Act and the power exercised by the government to modify the provisions of the Co-operative Societies Act and that such modification apply to a class of Societies or a Group of Societies or all Societies. Therefore, it is not now open to question once again as the question is no longer res integra.