S P PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these cases, the Petitioners have challenged the order at Annexure-D, dated 11-8-2010 issued by the 1st Respondent whereby Respondents 4 to 6 were nominated to the Managing Committee of the Kolar District Co-operative Union Limited, Kolar and for a declaration that the election of Respondents 7 and 8 as the Adhyaksha and the Upadhyaksha of the 3rd Respondent as illegal.

(2.) The Petitioners are the members of the Kolar District Co-operative Union Limited-the 3rd Respondent herein. The total number of members of the Managing Committee of the 3rd Respondent is twenty-one. Seventeen of them are elected directly and four are the ex officio members. The election to the Committee of Management of the 3rd Respondent was held on 29-7-2010. It is contended that after declaration of the results, the Chief Executive Officer issued a notice dated 5-8-2010 for election of the Adhyaksha and the Upadhyaksha for the first two and half years. The Government of Karnataka by Notification No. CEO 106 CNS 2010, dated 11-8-2010 has nominated Respondents 4 to 6 to the Managing Committee of the 3rd Respondent. It is further contended that the Joint Registrar of Co-operative Societies, Bangalore, had passed an ex parte order dated 11-8-2010, at the instance of one of the defeated candidates restraining the 3rd Petitioner from participating in the election of the Adhyaksha and the Upadhyaksha scheduled on 12-8-2010. The other elected members were not aware of the nomination of Respondents 4 to 6 and the restraint order. They have submitted their nominations to contest the election of the Adhyaksha and the Upadhyaksha on 12-8-2010. They came to know the nomination of three members only on 12-8-2010. The Chairperson adjourned the meeting commenced at 12.30 a.m. because of the chaos and commotion and left the premises along with the Petitioners. Thereafter, 13 members of the Managing Committee including the 3 nominated members and 3 ex officio members continued the meeting and elected Respondents 7 and 8 as the Adhyaksha and the Upadhyaksha for the first two and half years. It is further contended that the Government has not financially assisted the 3rd Respondent at any point of time. For the last 50 years, the Government has not made the nomination to the Managing Committee of the 3rd Respondent. Out of the 17 elected members, 14 members are opposed to Bharatiya Janatha Party and 3 members are the supporters of Bharatiya Janatha Party. The supporters of Bharatiya Janatha Party created chaos in the meeting to enable Respondents 7 and 8 to become the Adhyaksha and the Upadhyaksha.

(3.) The 1st Respondent has filed the objections contending that the 3rd Respondent is an assisted society. The Zilla Panchayat, Kolar, had granted a sum of Rs. 1,00,000/- to the 3rd Respondent for the construction of the Sahakari Bhavana. During the year 1996, the Zilla Panchayat had again granted a sum of Rs. 3,00,000/- to the 3rd Respondent for completion of the construction of the Sahakari Bhavana. Thus, the Zilla Panchayat had granted a total sum of Rs. 4,00,000/- to the 3rd Respondent. It is further contended that as per Article 12 of the Constitution of India, the State includes Government and Legislature of each State and all the local or other authorities. The expression local authority' includes a panchayath or other bodies coming within the definition of local authority. Thus, the 3rd Respondent is an assisted society as defined under Section 2(a-1) of the Karnataka Co-operative Societies Act, 1959 (for short, 'the Act'). The nomination made by the Government to the 3rd Respondent is just and proper.