The main legal point established in the judgment is that the amended bye-laws and notices for payment of enhanced share value were found to be in accordance with the law, and delay and laches were cited as reasons for dismissing the writ petitions.

N.K. Patil, J.--The Petitioners in these petitions, questioning the legality and validity of the registration of bye-law dated 19th December, 1997 bearing No. DSK.STL.TIDDUPADI/165 of 1998-99 passed by the second Respondent vide Annexure-B, and the further amendment of bye-law dated 29th December, 2000 bearing No. DSK.ESTS.AMD/100 of 2000-01 on the file of the first Respondent vide Annexure-C, have presented the instant writ petitions. In the alternative, the Petitioners have sought to declare that, the amendment of by-law vide Annexures-B and C referred supra are not applicable in respect of the members admitted prior to the coming into force of the amendment under Annexures-B and C. Further, the Petitioners have assailed the correctness or otherwise of the impugned notices dated 12th December 2002 and 3rd February, 2003 vide Annexures-D1 to D6 bearing No. SO.SA.SA.KA.NI.BA/SHERU of 2002-03 issued by the fifth Respondent. The Petitioner have also sought for a direction, directing the Respondents 3 to 5 not to exclude any member from voting, participating and contesting in the election proposed to be held on 21st March, 2003 or on any other subsequent date on the ground of non-payment of difference amount of the enhanced share value.

2. The Petitioners herein claim to be the members of the fourth Respondent-Someshwar Sahakari Sakkare Karkhane Niyamita ('Sugar factory' for short). The membership of the 4th Respondent-Sugar factory is divided into five categories. The grower members are called 'A' class, Co-operative Institutions called 'B' class, State Government 'C' class, non-grower members 'D' class and nominal members are called 'E' class. As per the bye-laws of the sugar factory, it provided for an authorised share capital of Rs.02 Crores divided into 10,000 shares of Rs.2,000/- each for 'A' class members and 10,000 shares of Rs.5,000/- each for 'B' class members, 18,000 shares of Rs.5,000/- each for 'C' class members and 5,000 shares of Rs.2,000/- each for 'D' class members, a copy of which is produced as Annexure-A to the writ petitions.

3. The Petitioners herein are all members belonging to 'A' category and the value of one share initially was Rs.2,000/- and enhanced to Rs.3,000/- as per bye-law dated 19th December, 1997 and thereafter further enhanced to Rs.5,000/- as per bye-law dated 29th December, 2000. There were certain eligibility conditions for admission as member to the fourth Respondent- Sugar factory, apart from other usual conditions. Assailing the correctness of the amended bye-laws of enhancing the share value vide Annexures-B and C dated 19th December, 1997 and 29th December, 2000 respectively and the impugned notices vide Annexures-D1 to D6 dated 12th December, 2002 and 3rd February, 2003 respectively issued by the 5th Respondent in pursuance of the amended bye-laws, the Petitioners have presented the instant writ petitions.

4. The principal ground urged by the learned Counsel appearing for the Petitioners is that, a plain reading of the bye-law as registered under Annexures-B and C clearly indicate that, the enhanced face value of the share will be applicable only in respect of persons to be admitted as members on and after the date of amendment. He submitted that, the fourth Respondent has made applicable even in respect of the existing members so as to exclude them from voting, participating and contesting in the elections. Therefore, if the amended bye-laws are made applicable to the existing members, then, it is totally illegal, arbitrary and is liable to be struck down. As per Section 19 of the Karnataka Co-operative Societies Act, ('Act' for short), the amendment to the bye-law comes into force from the date of registration or such date as is indicated in the order. He submitted that, in the instant case, no specific date is indicated, under Annexures-B and C, and Annexures-B and C come into force from the date of their respective amendment, namely from 19th December, 1997 and 29th December, 200