The main legal point established is that Section 29-D of the Karnataka Co-operative Societies Act, 1959, which imposes a six-year term limit for office bearers of cooperative societies, is valid and aims to prevent powerful individuals from entrenching themselves in office, thereby promoting cooperation and self-help among citizens.

N. D. VENKATESH, J.

( 1 ) IN this petition filed under Arts. 226 and 227 of the Constitution of India, tippannappa son of Bhimesha of mahagaon Chitapur Tlq. , has applied for a writ of cer- tiorari challenging the order dt. 15. 2. 1983 of the Dy. Registrar of Cooperative Societies, gulbarga, 2nd respondent herein, by which he has held that he, Tippannappa, was disqualified from continuing as President of the primary Land Development Bank Ltd. Chitapur, the 3rd respondent herein (referred to hereinafter as the Society) having completed more than six years in office as provided under S. 29-D of the Karnataka Co-operative Societies act, 1959 (the Act ). The petitioner has also challenged Sec. 29-D of the act. It is on two grounds : firstly, on the ground that it is violative of Art. 14 of the Constitution, and, secondly, that it infringes Art. 19.

( 2 ) SECTION 29-D of the Act reads thus :"29-D. Disqualification for being president vice-President, Managing director or Secretary : No person shall be eligible for election or appointment or to continue as President, vice-President, Managing Director, treasurer or Secretary of a Co-operative Society for more than six consecutive years : provided the persons who have completed or who complete the said period of six years on! the date of coming into force of the Karnataka co-operative Societies (Amendment) act, 1975, shall be entitled to continue in office until elections are held for the first time after the said date. Explanation : For purposes of this sub-section, a person who ceases to be a President, Vice-President, Managing Director, Treasurer, or Secretary within twelve months prior to the expiry of the six consecutive years, shall be deemed to have completed the period of six years. (2) No person who has continued in any one or more of the offices ot the President, Vice-President, Managing Director Treasurer or Honorary secretary or other similar offices by whatever designation known of a cooperative society consecutively for a total period of six years or more shall be eligible for election or appointment to any of the said offices of such cooperative society until the expiry of six years after he has ceased to hold the last of such offices".

( 3 ) THE 3rd respondent is a Society formed under the provisions of the act. It is not in dispute that Tippannappa is holding the office of the President of the committee since more than six years. If Sec. 29-D is held valid he cannot continue in office having completed six years in office.

( 4 ) WHILE examining the ambit and scope of the aforesaid provision it is proper that we know the aim and objected the Act. And, that is, as can be gathered from the various provisions of the Act (including Se,c. 4), to promote, thrift, self-help, and co-operation among the citizens in the area (See the observations of this Court in WP. No. 3281 of 1983 dt. 24. 3. 1983 ). A society formed under the Act requires registration. The statute confers powers on a statutory authority (the Registrar) either to permit or refuse registration. S. 7 of the Act provides that he may permit registration of a society if he is "satisfied that the applicant complies with the provisions of the Act and the rules; that the objects of the proposed society are in accordance with S. 4; that the aims of the proposed society are not inconsistent with the principles of social justice; that the proposed bye-laws are not contrary to the provisions of this Act and the rules ; and that the proposed society complies with the requirements of sound business and a reasonable chance of success".

( 5 ) THE statute envisages the supervision of the functions of the societies and the control of their affairs by certain authorities constituted to see that they do not deviate in their functions from the aims and objects of the act. As mentioned above the main object is promotion of co-operation, thrift and selfhelp among the members of the society. The process of achieving this should not resu

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