MIRAJUDDIN PATEL Vs. COMMISSIONER FOR CANE DEVELOPMENT CUM DIRECTOR OF SUGAR ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) THE petitioner presently functioning as the president of the bidar sahakari sakkare karkhane limited, hallikhed, bidar, henceforth referred to as 'the sugar factory in brief, filed the instant writ petition with a main prayer that he be declared as the duly elected president of the sugar factory and that he is entitled to hold the said post for a statutory period of 2v2 years from 11-6-1999 and further for quashing of notification dated 21-8-1999 passed by the government cancelling his nomination to the sugar factory as its committee member, copy at Annexure-D to writ petition and further for quashing of communication dated 10-9-1999 by the respondent 1-the additional registrar of co-operative societies and the commissioner for cane development, addressed to the respondent 3, copy as at Annexure-F to writ petition, clarifying that the election be held for the office of the president of the sugar factory as a vacancy had arisen in the said office and also the meeting notice dated 15-9-1999 issued by the managing director of the respondent 3-sugar factory, fixing the date of election to the office of the president, copy as at Annexure-H to writ petition.

(2.) FOR better appreciation of the points involved and further as i chose to dispose of this writ petition on a short point without going into the details of the case and the merit, i feel it appropriate to set out the facts of the case. In brief, they are as follows: that the petitioner was nominated as one of the directors to the respondent 3-sugar factory by the respondent 4-state in exercise of the powers vested in it under bye-law No. 23-c of the respondent 3-sugar factory. As per the said provision in the bye-law, government had powers to nominate 3 members to the committee of the respondent 3-sugar factory and accordingly on 9-6-1999 respondent 4 had nominated the petitioner to the board of directors of the respondent 3. To the luck of the petitioner, Karnataka ordinance No. 4 of 1999 amending the Provisions in sections 28-a (6 ). 29-f (4) and 29-f (6) of the Co-Operative Societies Act came to be promulgated on 6-5-1999 enabling the nominated members as that of the petitioners herein to contest in the election of the office-bearers of the societies. It is thus, the petitioner herein had contested to the office of the president of the respondent 3-sugar factory on 11-6-1999 and he had duly been elected to the said office for a statutory period of 21/2 years under Section 29-f (5) of the act. That in the meantime, by issue of a further notification dated 21-8-1999, copy at Annexure-D to writ petition, the respondent 4 had withdrawn the nomination of the petitioner. However on 23-8-1999, the petitioner also tendered resignation for the said nominated post. The petitioner was nominated earlier to the board of directors of the respondent 3-sugar factory to represent the d. c. c. bank, gulbarga, the financing agency of the sugar factory and that came to be made on 16-8-1999 as per bye-law No. 23-d of the bye-laws of the sugar factory, copy as at Annexure-C to writ petition.

(3.) THE case of the petitioner before this court was that, he being the duly elected president on 11-6-1999 for the statutory term of 21/2 years when the ordinance No. 4 of 1999 had the force of law and that with his further nomination by the d. c. c. bank, there was no impediment in law for his continuance as the duly elected president and therefore, according to the petitioner, there was no vacancy in the office of the president of the respondent 3-sugar factory and as such, the question of filling up of the vacancy of the office of the president did not arise at all. It was also the case of the petitioner that the petitioner did not suffer any disqualification as enumerated under Section 29-c of the act and further that his election as president on 11-6-1999 had also not been challenged by way of election petition or dispute under Section 70 of the Co-Operative Societies Act by anybody.