HANUMANTHE GOWDA Vs. BLOCK DEV OFFICER AND RETG OFFICER

JUDGEMENT

(1.) Order on preliminary hearing In this petition, the two petitioners have challenged the resolution, passed by the Board of Directors of the 2nd respondent the Primary Co-operative Land Development Bank Ltd., Mandya, on 10-1-1979 directing the 1st respondent to hold the Annual General Meeting on 18-2-1979 because due tc inevitable circumstances the Annual General Meeting scheduled to be held on 24-12-1978 could not be held. The resolution challenged is produced at Ext.-A to the petition.

(2.) The 1st petitioner is a member of the 2nd respondent-Bank. The 2nd petitioner is director of the same Bank. According to the averments in the petition, six Directors were to be elected at the Annual General Meeting. In that behalf, the calendar of events had been issued as required by law specifyintg the date of election as 24-12-1978. According to the petitioners, Annual General Meeting on 24-12-1978 could not be held, as all meetings were prohibited under the Karnataka Police Act, due to local disturbances in the City of Mandya. It is on account of this fact that the Managing Committee of the 2nd respondent-Bank passed the impugned resolution requesting the 1st respondent to hold the Annual General Meeting on 18-2-1979. It is further averred by the petitioners that there was a divergence of opinion among the members of the Committee as to whether, for the Annual General Meeting on 18-2-79, a fresh calander of events had to be issued for purposes of electing the six Directors whose term of office had expired. However, the Managing Committee decided that the calendar of events already published on 24-12-1978 would suffice for purposes of holding the elections on 18-2-1979. The 1st petitioner has further averred that he was eager to contest in the elections scheduled to be held on 18-2- 1979 and therefore demanded of the 1st respondent that fresh calendar of events should be issued, so that he could file his nomination. The 2nd petitioner has averred that he brought to the notice of the 1st respondent that it was not lawful to hold the election without issuing a fresh calendar of events. The 2nd respondent did not accede to the request of the petitioners and therefore they have presented this writ petition alleging that they have no other alternative remedy.

(3.) Mr. M. S. Gopal, learned Counsel for petitioners, mainly contended that under R.14(a) (i) of the Karnataka Co-operative Societies Rules, (hereinafter referred to as the Rules) it was mandatory that the list defaulters should be published at least 15 days prior to the date of election and since the Annual General Meeting called for on 24-12-1978 could not be held that calendar of events had spent itself and there was need for issue of a fresh calendar of events in order to comply with R.14(a) (i) of the Rules. Rule 14(a) (i) of the Rules reads as follows :