DEEPAK AND OTHERS Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the Learned Counsel appearing for the parties and perused the records.

(2.) The petitioners have filed these writ petitions challenging the constitutional validity of sub-Section (3) and (5) of Section 31 and Clause (iii) of Section 18-B of the Karnataka Co-operative Societies Act, 1959 (for short "Act") and further sought for declaration that the first petitioner is not ceased to be a President/Director of the 7th respondent-Society and petitioner Nos.2 to 4 not ceased to be the Directors of the 7th respondent - Co-operative Society and notwithstanding the order passed by the sixth respondent appointing the eighth respondent as Special Officer of the 7th respondent-Society for a period of six months in exercise of power under Section 31 (1) of the Act. Further, the petitioners have sought for directing the respondents not to conduct the election to the place of the petitioners and to allow the petitioner No. 1 to continue to function as President and the petitioner Nos.2 to 4 to continue to function as Board of Directors of the 7th respondent-Society by considering the representation dated 008.2017 vide Annexure-F. Further they have sought for quashing the impugned order dated 03.07.2017 in No. AR 10/RSR/V/A/PACS Deshnur/2017-2018/19 issued by the sixth respondent vide Annexure D. Apart from the above, the petitioners are also seeking to issue a direction to the respondents not to fill up the place of the petitioners in the Board of the 7th respondent-Society till completion of their term of office notwithstanding the impugned order dated 03.07.2017 issued by the sixth respondent vide Annexure-D.

(3.) The factual matrix of the case are that the petitioners were elected as Board of Directors of the 7th respondent-Society on 15.02.2015. Their term of office is for a period of five years, which will come to an end in the year 2020. Six Directors have tendered their resignation. The sixth respondent appointed the respondent No.8 as Special Officer and directed him to conduct election to all the Board of Directors' posts including the place of the petitioners, though the petitioners have not tendered their resignations. Therefore, the petitioners are required to continue their posts till their term of office is completed. Now the Returning Officer has issued Calendar of Events for conducting election to the post of Board of Directors including the place of the petitioners. The impugned order vide Annexure-D is contrary to Section 28-A and the provisions of Clause (a) sub-Sections (3) and (5) of Section 31 of the Act is ultra-vires of Article 243-ZJ of the Constitution of India.