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2023 Supreme(Kar) 122

M. I. ARUN
Nasiruddin Bhagwan, S/o Papulsab Bhagwan – Appellant
Versus
State Of Karnataka Represented By Its Secretary Department Of Co-Operative – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Prof.Ravivarmakumar, Sr. Advocate For Sri.Gangadhar J M, Advocate
For the Respondent:Sri. Vinayak Kulkarni, AGA, Sri. I. S. Uppin, Advocate, Sri. Jayakumar S. Patil, Sr. Advocate For K. Anandkumar, Advocate

ORDER :

1. The petitioner is the President of the 4th respondent Cooperative Society. Respondents No.6 to 14, who are the Directors of the Society, have moved a no-confidence motion against the petitioner. Aggrieved by the same, the present writ petition is filed.

2. The case of the petitioner is that, respondents No.6 to 14 had moved a no-confidence motion against the petitioner on an earlier occasion also and a meeting was called on 09.03.2023. However, this Court in W.P. No.101470/2023, set aside the same on the ground that the same was not held in accordance with law. However, liberty was reserved to respondents No.6 to 14 to move the no-confidence motion again. Subsequent to the order, at the behest of respondents No.6 to 14, no-confidence motion has been moved against the petitioner.

3. It is contended by the petitioner that the present no-confidence motion is also in violation of the law. The no confidence motion is challenged on two grounds;

    i. That the jurisdictional Registrar has taken more than seven days to authorize an Officer for the purpose of presiding over the meeting of the Board called to consider the no confidence motion.

ii. That the authorized Officer has supplied

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