Source: newindianexpress.com<\/p>\n\n\n\n
BENGALURU: While striking down sub-rule (11) of Rule 14-AKK of Karnataka Cooperative Societies Rules, the Karnataka High Court said that office bearer of cooperative societies should vacate the office if resolution expressing want of confidence is passed with 2\/3rd of the total number of elected directors in a meeting specially convened for no-confidence motion.<\/p>\n\n\n\n
The division bench of Chief Justice Abhay Shreeniwas Oka and Justice HT Narendra Prasad struck down the said sub-rule while partly allowing the writ appeal filed by K Veeranna, president of JSS MVP Employees House Building Cooperative Society, Mysuru. <\/p>\n\n\n\n
\u201cWe hold that the portion of sub-rule (11) of Rule 14-AKK starting from the word \u2018with\u2019 and ending with the word \u2018meeting\u2019 is hereby declared as ultra vires the provisions of the Act and in particular sub-section (2) of Section 29-H and it is hereby struck down,\u201d the court said. <\/p>\n\n\n\n
Thus, the mandate of law is that such a resolution must be passed by a majority of 2\/3rd of all elected directors of the cooperative society in a meeting specially convened for considering no-confidence motion. However, sub-rule (11) suggests that even if motion is carried with the support of not less than 2\/3rd of the elected member present in the meeting, the motion is passed. It suggests that even if the motion is not carried by 2\/3rd of the total elected directors and if it is carried with the support of lesser number of elected directors constituting 2\/3rd of the directors who are present at the meeting, the office-bearer concerned has to vacate his office.<\/p>\n\n\n\n
\n\n\u201cAs there is no manner of doubt that the offending portion of sub-rule (11) is ultra vires the provisions of sub-section (2) of Section 29-H of the main act, the said portion will have to be struck-down,\u201d the court said.\n\n<\/p>\n