Section 29-C(8) of the Karnataka Co-operative Societies Act, 1959, applies only to disqualifications and acts committed during the current term of office and cannot be invoked for actions occurring in a previous term after a member has been re-elected.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS BEFORE THE RESPONDENT NO. 10 i.e. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES AT CHIKKAMAGALURU IN PETITION BEARING A.R.NO. 26 DDQ S.M. PETE C.R. NO. 48/2024-25 AS PER ANNEXURE-D.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

1. In this writ petition, petitioner has sought for quashing the proceedings before respondent No.10 in the proceedings produced at Annexure-K to the writ petition.

2. The relevant facts for adjudication of this writ petition are that the 9th respondent is a Co-operative Society, invited applications from eligible candidates for the post of Chief Executive Officer of the Society. The written examination was conducted on 14.11.2022 and thereafter, result was announced on 04.01.2023 by the University which has conducted the examination. Thereafter the resolution dated 15.02.2023 was passed stating that a fresh examination has to be conducted in so far as candidates are concerned. The said resolution dated 15.02.2023 was challenged before this Court in W.P.No.6105/2023 by the candidate and this Court, vide order dated 14.08.2023 (Annexure-A) quashed the resolution dated 15.02.2023 passed by the 9th respondent - Society and thereby directed the Society to consider the results announced by the examination authority. The said order of the learned Single Judge was confirmed by the Division Bench of this Court in W.A.1453/2023( Annexure-B), by Judgment dated 15.04.2024.

3. It is also to be noted that eligible candidates were called for oral interview and thereafter, appointment orders have been issued on 15.07.2024, and as such, one Smt. Poorvika D.J. was appointed as The Chief Executive Officer of the 9th respondent - Society (Annexure-C). It is also stated in the writ petition that the appointment of the said CEO was opposed by some of the Directors of the 9th respondent - Society and as such, a petition was filed before respondent No.10 under S.29(C)(1)(8)(b) of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Act'). Pursuant to the same, the petitioner herein has entered appearance and opposed the petition. Pendente lite, Smt. Poorvika D.J. has approached this Court in W.P.No.30816/2024 seeking direction against respondent No.9 - Society to issue appointment letter to her as the CEO of the Society. This Court, vide order dated 25.11.2024 (Annexure-H) issued interim order and the Writ Petition is pending consideration. In the meanwhile, the respondent No.1 - Government, has issued the Circular for conducting election to the post of Directors of the 9th respondent - Society as per the Circular (Annexure-J), dated 21.11.2024.

4. It is to be noted that respondent No.10 has not passed any order pursuant to the appearance of the petitioner by filing statement of objections and same is pending consideration before the Court. Hence the petitioner has preferred this writ petition challenging the proceedings before the respondent No.10 as per Annexure-K to the Writ Petition.

5. I have heard Sri. M.R. Rajagopal, learned Senior Counsel for the petitioner and Sri. Yogesh D. Naik, learned Additional Government Advocate appearing for the respondent Nos.1 and 10.

6. It is argued by the learned Senior Counsel by referring to the provision contained under S.29-C(8) of the Act that disqualification of appointment is not acceptable in so far as the case of the petitioner is concerned, as pursuant to the pro