IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.47458/2018 (CS-RES) BETWEEN:
SRI.K.VENKATARAJU S/O KEMPEGOWDA URF DODDAKEMPEGOWDA AGED ABOUT 46 YEARS PRESIDENT PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK MALAVALLI- 571 430 MANDYA DISTRICT. ... PETITIONER (BY SRI A MAHAMMED TAHIR, ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION MS BUILDING BANGALORE- 560 001 BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES OFFICE OF DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY MANDYA- 571 401 3. THE PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK MALAVALLI- 571 430 MANDYA DISTRICT REPRESENTED BY ITS SECRETARY/CEO 4. THE AUTHORIZED OFFICER/ CO-OPERATIVE DEVELOPMENT OFFICER THE PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK MALAVALLI- 571 430 MANDYA DISTRICT ... RESPONDENTS (BY SRI A.K. VASANTH, AGA FOR R1,SRI T.P.VIVEKANANDA, ADV. FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA AND PRAYING TO QUASH THE NOTICE DATED: 09.10.2018 ISSUED BY THE R-4 VIDE ANNEXURE-4 AND ETC.
THIS WRIT PETITION COMING ON FOR HEARING, THIS DAY, AND THE COURT MADE THE FOLLOWING:
O R D E R Petitioner herein who is said to be the President of respondent No.3 – Co-operative society has come up in this writ petition impugning the notice dated 09.10.2018 issued by respondent No.4 insofar as it pertains to conducting the meeting of the society to consider his removal as President on the ground of no-confidence.
2. Admittedly the said notice is issued to the petitioner by respondent No.4 in pursuance to the representation given by 9 members of respondent No.3 – Society. Even before the meeting could be conducted, the petitioner herein approached this Court by filing this writ petition on the premise that, there is no rule or provision in the byelaw to consider the representation given by the members for his removal on the ground of no-confidence. It is in this background an order was passed by this Court on 23.10.2018 wherein the respondents were directed to proceed with the meeting to consider no-confidence motion against the petitioner, but there was a direction not to pass any resolution pursuant to the meeting.
3. In this background the meeting is said to have taken place on 04.10.2018 in which 12 members are said to have participated and out of them 9 have voted against the petitioner i.e. in favour of his removal. The proceedings of 04.10.2018 is produced before this Court by respondent No.4, who is present before this Court. On going through this register, it is clear that the statutory requirement of 2/3 members being in favour of removal of petitioner from the post of President on the ground that they have no-confidence being recorded in the meeting on 04.10.2018, the same is required to be accepted and consequently the petition which is filed by the petitioner is required to be dismissed.
4. Accordingly, the present writ petition filed by the petitioner is hereby dismissed accepting the records of the meeting of the office bearers of 3rd respondent dated 04.10.2018 and the 3rd respondent – Society is directed to draw an appropriate resolution. In view of writ petition being disposed of, the application for impleading does not survive for consideration.
Sd/- JUDGE brn