M LINGAPPA Vs. JOINT REGISTRAR OF INDUSTRIAL CO OPERATIVES BANGALORE
LAWS(KAR)-1966-10-14
HIGH COURT OF KARNATAKA
Decided on October 11,1966

M.LINGAPPA Appellant
VERSUS
JOINT REGISTRAR OF INDUSTRIAL CO-OPERATIVES BANGALORE Respondents


Cited Judgements :-

EXPO EXPERT PRIVATE LTD VS. JAI GOPAL ANGRISH [LAWS(P&H)-1997-5-97] [REFERRED TO]


JUDGEMENT

Somnath Iyer, J. - (1.)We are concerned in this writ petition with the validity of the constitution of the board of management for the administration of the Shimogo District Industrial Co-operative Bank Ltd. Which we shall refer to as the bank, by the Joint Director of Industries and Commerce and Ex-Officio Joint Registrar of Industrial Co-operatives, by an order made by hi on May 18,1966. Under bye-law No. 22 of the bank, the first board of management was constituted by the Joint Registrar, on September 25, 1964. The board was composed of fifteen persons amongst whom the Assistant Director of Industries and Commerce, Shimogo, were two. There were seven presidents of various industrial co-operative Societies. There were four others who were occupying other offices. Bye-law No. 22 which began to operate when the bank was registered under section 7 reads: "Norswithstanding anything contained in the foregoing bye-law, the first board of Directors including the President shall be nominated by the Joint Registrar and shall hold office for a period not exceeding three years. The period may, at the discretion of the Joint Registrar, be extended for a further period not exceeding two years."
(2.)It is not disputed that this bye-law was properly made and that the joint Registrar has the power to nominate the first board of director which is also called the board of management. Under the bye-law, the Joint Registrar was invested with the power to specify the maximum period of three years as the period during which the board nominated by him shall hold office. He was again invested with the power to extend the terms of the board for a further period not exceeding two years.
(3.)But when the first board of management was constituted by the Joint Registrar on September 25,1964, it was announced by his order that that board shall function" for a period of one year r until further order which ever is earlier." This was, in our opinion, a very awkward way of fixing the term of the first board of management . The Joint Registrar should have made up his mind as to what the term of office of the first board of management should be in the first instance, instead of leaving that matter in state of obscurity and uncertainty, by announcing that the period shall be a year and that that period shall stand abridged if another order was made to that effect.


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