NIRMALA P.KINI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is questioning the Constitutional validity of Section 105(2) of the Co-operative Societies Act on the ground that it is violative of Article 14 of the Constitution of India. The said provision is arbitrary and unreasonable. Section 105(2) was inserted by Act 6/2010 with effect from 30.03.2010 pursuant to which a deposit of 25% of the amount due is a precondition for entertaining an appeal. Sub-Section (2) of Section 105 would read as under:

(2.) I have heard Mr. Keshav Bhat, learned counsel appearing for the petitioner and Mr. K.A. Ariga, learned Additional Government Advocate for the State and Mr. Prasanna V.R., learned counsel appearing for respondent No. 3.

(3.) Mr. Keshav Bhat, learned counsel appearing for the petitioner, in support of the writ petition vehemently contends that the condition incorporated pursuant to the amendment is onerous, arbitrary and unreasonable, which would necessarily make the provision of the appeal not workable. He also contends that the amended provision is arbitrary and unreasonable moreso having regard to the fact that no elbowroom is given to the Tribunal either to reduce or waive the condition of the deposit. According to him, the granting of interim order is co-extensive with the powers of the Court exercising appeal powers. In the alternate, he submits the proceedings have been initiated before the amended provision came into force. The condition of pre-deposit is not applicable to the present proceedings inasmuch as the proceedings under Section 71 of the Act were initiated much before the amended Act came into force.