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LET KARNATAKA CO-OPERATIVE ELECTION AUTHORITY CONDUCT ELECTION TO FOUR VACANT “SELF –DISQUALIFIED SELF VACATED” DIRECTORS

 
 
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LET KARNATAKA CO-OPERATIVE ELECTION AUTHORITY CONDUCT ELECTION TO FOUR VACANT “SELF –DISQUALIFIED SELF VACATED” DIRECTORS
by System Administrator - Wednesday, 5 July 2017, 1:40 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: BBMP SC ST Workers Society Ltd secretary notified co-operative election authority to conduct election to four vacant directors (Self-Disqualified directors and self vacated by operation of lawas per KCS Act 29 C (p) and byelaws 55 (11) and 56 ) and co-operative election authority is duty bound to conduct election within 60 days as per 14 F KCS Act. As per Section 29 C of Karnataka Cooperative Act ('1959 Act') dealt with various grounds on which a director of a society had to vacate his office. Sub section (p) of Section 29 C stated that if any director remained absent for three consecutive meetings of the Board without Leave of Absence, then it was deemed that the director had vacated his office. The purpose of this provision seemed to have been to ensure that directors performed their duties diligently and did not skip the board meetings. Vacation of office by operation of law: The other important point to be considered is whether absence on its own constitutes removal by operation of law or whether a notice of removal is required to be sent to the concerned director. Generally accepted principal is that a director has vacated his office automatically on the happening of the event specified in Section 29 C (p) of KCS Act and the Board of Directors have no power to waive the event or condone the offence.  It has been held in Shekher Mehta v Kilpest Private Limited  that if a director has been absent for the meetings of the Board more than the prescribed limit than vacation of office is automatic and no hearing is required to be given to the director. It is pertinent to note the observations of the Delhi High Court in Bharat Bhushan v HB Portfolio Leasing Limited where the Honourable Court observed that "This particular provision does not contemplate the passing of any board resolution for showing that the office of the director has been vacated by a particular director. It appears that the vacation of the office of the director is automatics soon as it appears that the director has incurred the disability as contemplated under sub- section (p) of section 29(c).”Hence it is safe to conclude that the vacation of office would occur automatically if a director was found to violate the provisions of section 29 C (P) of KCS Act .I have asked PIO and JRCS co-operative election commission to provide meinformation and reasons under section 4(I) (d) RTI reasons for The illegal conduct of The returning officer Sri Murli for president election in respect BBMP SC ST Workers Society Ltd and superintendent ARCS office Bangalore has announced president election dates without taking list of eligible voters/Eligible directors to vote in president election and he has included four disqualified directors in his list and there no stay from JRCS UBC and he has exceeded authority to announce vice president election as Vice president post is not vacant and he cannot contestpresident post without resigning vice president post and for this CEC has to announce different schedule after the post become vacant as he did this under undue influence of present vice president and this amounts to election malpractice to favour a candidate so he should to immediately removed from returning officer postand some good officer need to be appointed in his place. And also I have asked PIO and JRCS co-operative election commission to provide me information and reasons under section 4(I) (d) RTI for announcing president election without conducting elections to four vacant directors post as per CECletter dated 09-06-2017 and after nullifying the result of no confidence motion as four these four disqualified directors had voted in no-confidence motion and there is no stay by JRCS UBC (despite you accepted that JRCS UBC has jurisdiction and JRCS Bengaluru Division the Officer having no jurisdiction in the matter as per commission letter dated 12-06-2017 announcing president election . JRCS Bengaluru Division order is without jurisdiction and is a nullity. It is a fundamental principle of law that a defect of jurisdiction, whether it is pecuniary, territorial or in respect of subject-matter, strikes at the very authority of the Court to pass any decree or order and such a defect cannot be cured even by consent of parties acceptingvarious illegal orders without jurisdiction in violation of KCS Act and byelaws and Government order No CO 71 CLM 2016 dated 16-12-2016(Panduranga JRCS without any jurisdiction)in respect BBMP SC ST Workers Society Ltd as it is district employees credit cooperative society covering Entire BBMP Area and BDA Area beyond one taluka and district as per Bye-Law it is credit co-operative society.The Joint Registrar co-operative Societiesco-operative election commissionis THE PUBLIC AUTHORITY is under obligation to provide information "PUBLICLY” under section 4(I) (a) (b) (c) (d) RTI Act.Bye-Laws determine the different types of Societies. Different cooperative societies have different bye-laws and different JRCS. Consumer societies have different JRCS and district level urban credit societies and Employees Credit societies and cooperative Banks have different JRCS as per their bye-laws .Joint Registrar of Cooperative Societies,(Urban Bank Cell.) has been Conferred as per Government order No CO 71 CLM 2016 DATED 16-12-2016 WHO has jurisdiction in SC ST Workers Co-operative Society Ltd which is a district employees credit co-operative society as per bye -laws and it gives BBMP employees loans and credit , as per column VII of the order which comes under JRCS banking cell. Instead of JRCS ,(Urban Bank Cell) .JRCS Bengaluru is issuing various illegal orders under pressures from vested interest and tress passing into powers of JRCS UBC . Aiyappa RCS and Bengaluru Police Commissioner need to act fast and stop atrocities of Panduranga Garga KCS JRCS against SC ST Persons. Reportedly The Panduranga Garga KCS JRCS without jurisdiction recommended no confidence motion despite he has no jurisdiction to co-operative election commissionagainst Ravikumar who is SC ST president of society by instigating few directors against them . co-operative election commissionearlier rejected the proposal and returned the proposal for date bar for conducting election and Reportedly The Panduranga Garga KCS JRCS took extra interest and got the date bar extended and gain sent the old proposal to co-operative election commission despite the fact that 11 directors attended board meeting reposing faith in Ravi as president and other 4 director were told to bring leave of absence but they did not attend . Co-operative election commissionshould reject this proposal of The Panduranga Garga KCS JRCS which iswithout jurisdiction.The order issued by commissioner co-operative election commission on 26-05-2017 need to be withdrawn immediately in the interest of justice and equity .The Panduranga Garga KCS JRCS is passing several orders against SC ST person without jurisdiction and setting up and instituting false, malicious or vexatious suit or criminal or other legal proceedings against members of scheduled castes and a scheduled tribes amounts to an offence under the Act? [SECTION 3 (1) (viii). The powers of various category of registrars of co-operative societies under the provisions of Karnataka Societies Act as been conferred as per Government order No CO 71 CLM 2016 DATED 16-12-2016under which Panduranga Garga KCS JRCS is empowered only in respect of general societies and not the co-operative banks and District cooperative employees credit co-operative societies and as suchPanduranga Garga KCS JRCS has no business to issue illegal orders in respect ofSC ST Workers Co-operative Society Ltd which is a district employees credit co-operative society as per column VII of the order which comes under JRCS banking cell . The various orders were passed againstSC ST Workers Co-operative Society Ltd which is a district employees credit co-operative society as per column VII of the order which comes under JRCS banking cell by the JRCS Bengaluru Division the Officer having no jurisdiction in the matter. Such an order is without jurisdiction and is a nullity. It is a fundamental principle of law that a defect of jurisdiction, whether it is pecuniary, territorial or in respect of subject-matter, strikes at the very authority of the Court to pass any decree or order and such a defect cannot be cured even by consent of parties. A decree or order passed by a Court or authority without jurisdiction is a nullity and its invalidity could be set up whenever and wherever it is sought to be enforced or relied upon, even at the stage of execution and even in collateral proceedings