been
considerably reduced in order to promote co-operative
movement. In Article 243-ZJ of the Constitution, it is
provided that the term of officers ... this committee
report.
10. It is contended that Clause (3) of Article 243 ZJ
of the Constitution provides that Legislature of the State
shall
Part IX of the Bill is regarding the Co-Operative Societies. Article 243 ZJ (1) of the same part (Part IX B) mentions the number ... would request the Government to insert the following proviso in the Article 243 ZJ (1):
“Provided further that there shall be a director co-opted
date of
commencement of the term of Office. In fact, Article 243-ZJ (2) of
Constitution of India declares the term of Office of elected ... constitution has become in-operative. Therefore, the
respondents cannot rely on Article 243-ZJ of Constitution of India to
contend that the term of office
date of commencement of the term of
Office. In fact, Article 243-ZJ (2) of Constitution of India declares the term
of Office of elected ... constitution has become in-operative. Therefore, the
respondents cannot rely on Article 243-ZJ of Constitution of India to
contend that the term of office
KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRAVIRES OF
ARTICLE 243-ZJ OF THE CONSTITUTION OF INDIA AND ETC.,
THESE WRIT PETITIONS COMING ON FOR HEARING ... Section 31 of the Act is ultra-vires of Article 243-
ZJ of the Constitution of India.
4. The learned counsel for the petitioners during
option of
independent Directors / functional directors, as envisaged by Article 243
ZJ. According to the petitioners, therefore, there is no impediment for
proceeding with ... whittle down the said mandate of
Article 243 ZK read with Article 243 ZJ.
14. Having said this, it necessarily follows that not only
petitioners submits that in view of the provisions of Article 243-ZJ , introduced by the Constitution by Ninety-seventh Amendment Act, 2011 , which came into ... they are entitled to continue till 26.08.2019. The provisions of Article 243-ZJ is reproduced herein :
"243-ZJ. Number and term of members
whether it has been constituted in terms of the
provision of Article 243-ZJ read with amended provision of sub-
section (2) to Section ... directed to take appropriate steps in terms of provision of Article
243-ZJ as would appear from the very first para of page
Society
Act, 1935 , to ensure the compliance of constitutional mandate of
Article 243-ZJ vis-à-vis the statutory provision as contained under ... Society in question
is not in terms of the provision of Article 243-ZJ read with amended
provision of sub- section 2 to Section
Articles 243-ZJ and 243-
ZK and also on the ground of those orders being violative of
fundamental rights guaranteed under Article ... with oblique motives and is ultra-vires Articles 19(1)(c), 243-ZL,
243-ZK and 243-ZJ.
avk 8/25
3-WPST
