AI Structured Summary
Not yet generated for this judgment
Judgment
H.G. Ramesh, J.—In these writ petitions, the petitioners are challenging Government order bearing No. CO 24 CLM 2015 dated 29th January, 2015. By the said order, seats are reserved separately to the two categories of backward classes in the Boards of Co-operative Societies in Karnataka. It is contended that the aforesaid Government order providing internal reservation among the backward classes is contrary to clause (iii) of sub-section (3) of Section 28-A of the Karnataka Co-operative Societies Act, 1959 (''the Act''), as such-internal reservation to persons belonging to backward classes could be provided only through Rules framed under the Act by the State Government.
It is relevant to refer to clause (iii) of sub-section (3) of Section 28-A of the Act, which reads as follows:
"(iii) Two seats to be filled by election, in favour of the persons belonging to Backward Classes in such manner as may be prescribed."
(Underlining supplied)
The word ''prescribed'' is defined under Section 2(h) of the Act as follows:
"''prescribed'' means, prescribed by rules made under this Act."
In view of S. 28-A(3)(iii) & S. 2(h) of the Act, reservation of seats among different categories of backward classes could be provided only by framing Rules in that behalf. Otherwise, the seats will have to be reserved generally to persons belonging to backward classes. Hence, the impugned order dated 29.01.2015 is contrary to S. 28-A(3)(iii) of the Act referred to above and it is accordingly set aside.
However, it is clarified that the impugned order, which is now set aside, shall not affect the election of any person who has already been elected as a Director. The submission of the learned AGA that presently a rule has been framed pursuant to S. 28-A(3)(iii) of the Act, namely, Rule 14ALA of the Karnataka Co-operative Societies Rules, 1960, with effect from 06.06.2015, is placed on record.
The writ petitions stand disposed of in the above terms.